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February 21, 2017
Shakopee City Council pwakaj February 21,2017 KO �� 4 ,� 7:00 PM City Hall 129 Holmes St. Shakopee Mission Statement The Mission of the City of Shakopee is toprovide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each agenda item. A.Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B.Positively manage the challenges and opportunities presented by growth development and change. C.Maintain the City's strong financial health. D.Maintain improve and create strong partnerships with other public and private sector entities. E.Deliver effective and efficient public services by a staff of well-trained,caring,and professional employees. F. Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Planning Department A.1. *Set Public Hearing for Vacation of Public Drainage & Utility Easement A.2. *Set Public Hearing for Vacation of Public Roadway Easement B. Police and Fire B.1. *Surplus Property C. Public Works and Engineering C.1. *Re-purchase Agreement for Tractor C.2. *2017 Tree Sale Donations C.3. *Approve Plans & Order Ad for Bids for Fire Station No 1 Rear Parking lot CA. *Approve Plans & Order Ad for Bids 2017-2 Bituminous Overlay D. Personnel D.1. *Leave Donation Policy E. Parks and Recreation E.1. *Approve the Final Plans and Specifications and Authorize the bidding of Tahpah West Baseball Field No. PR2017-1 (A,B) E.2. *Final Plans, Specifications and bidding of the Lions Park Warming House Project No. PR2016-2 (A,B) E.3. *Donations to Fun For All Playground F. General Administration F.1. *City Bill List E2. *City Council Minutes E3. *Fee Schedule Update 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings A. Public Hearing-Order 2017-1 Street Reconstruction Project 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. General Business A. Planning Department A.1. Ordinance No. 956 Amending Title XV by adding definition for Massage Establishments and allowing same in B-1 and B-3 Zones A.2. Approve Grant Agreement for Anchor Glass A.3. Resolution in Support of Additional River Crossing B. Public Works and Engineering B.1. Presentation from the Lower Minnesota River Watershed District C. General Administration C.1. Shakopee Derby Days Electrical Upgrades at Huber Park C.2. 2017 City Work Plan C.3. Appointment to Boards and Commission 11. Liasion and Administration 12. Other Business 13. Adjournment to March 7, 2017 at 7:00 p.m. A.I. PM*MA SHAKOPEE Shakopee City Council February 21, 2017 FROM: Mark Noble, Senior Planner TO: Mayor and City Council Subject: Set Public Hearing for Vacation of Public Drainage & Utility Easement Policy/Action Requested: Duke Realty Partnership is requesting that the City Council set a public hearing date to consider the application for vacation of public drainage & utility easement on Outlot A. Gateway First Addition. Recommendation: Staff recommends that the council adopt the attached resolution setting a public hearing date for the vacation of a public drainage & utility easement located on Outlot A, Gateway First Addition. Discussion: Duke Realty owns property located north of 4th Avenue, east of Sarazin Street and west of Shenandoah Drive. When they Final Platted Gateway South First Addition, they overlaid a public drainage & utility easement over the entire Outlot A (balance of property—see attachments). They are presently in to Final Plat the balance of their property, which requires a vacation of that existing easement. With the Gateway South 2nd Addition, they will be providing new public easements, consistent with City and SPUC recommendations. The City Council will see that Final Plat in March. The attached Resolution No. 7841 sets a public hearing date to consider the vacation of the easement. The attached resolution sets a public hearing for Tuesday, March 21, 2017. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration. The Planning Commission will consider the request at its March 9, 2017 meeting. Budget Impact• N/A ATTACHMENTS: D Resolution No 7841 D Aerial Plan D Plat Plan RESOLUTION NO. 7841 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PUBLIC DRAINAGE &UTILITY EASEMENT WHEREAS,it has been made to appear to the Shakopee City Council that a public drainage &utility easement located on Outlot A, Gateway First Addition is no longer of public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 21"day of March, 2017, at 7:00 P.M. or thereafter, on the matter of vacating a public drainage &utility easement on Outlot A, Gateway First Addition. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk %G, y !71 X 'urs 11 " 4wi dor,,rnf �my ;vi f '3. 40 EZ,4wAF r/ v TI IN r off 'vp ' y a�'i Y r o y iV �9's � � i, 66 6S 14 rh rs , /ice,; � >t/ �!/✓, � N l��%� /' l r/i✓ / o/l Illi,% "Alf, ru r t -4 Y�1 a l � v'� �uu�fi,1i�� u�� � �IIII� p Ii�iilll. ri VVui4G�V�i ii r e r g � r„ r. All ;,- n� T, i :a r /j fry /i, lr i� '1111/ 91 Ji ✓ �! ✓/' /� if �� eN.. N I l 1A4 I � 1 I i v Ii ra /i i/✓// / or r / g,,,�i; �'�J a, V I�', 0 N l i �J wnnrm wry �1 �/r ., „JJYAI V„ b4 �➢ m��/Gr oa ��r/' o v C a e ,� ti V) "P 2 CO zn ;Ar C) - ---------I, VG*9 -7.gor4os----j I��Z I so ,.-._�I °t-•-I - 380S�OS ------- —— ——————————— L,-j *e96rel a3anm jwnno rlogqLt V-7snnN INTHMOU d3d Nws* L—————————————— lad I�i-, jmmsv3 Ainun.7 AVIANI Vd'MVNIVaQ�,-i N- _UZ19 09 57 W3-11 C> O.OS w ——————---- ———————————- egg~ TI W> II pi � �� I `---4 II i Z ��� ill sk CL 0 > < -j A-Z <I D: v i R w > 0 lop III�fI II < I L > 0 cn 20 dad 1N3{Y3SN3.!1171!n—_ 9k k Z riOV9.94L agmnN INW006"-,", IN3ff- 3,unul7VAVMHlVd�3VV;d 0 NVVYIO z A I I V"s A.2. PM*MA SHAKOPE: Shakopee City Council February 21, 2017 FROM: Mark Noble, Senior Planner TO: Mayor and City Council Subject: Set Public Hearing for Vacation of Public Roadway Easement Policy/Action Requested: D.R. Horton is requesting that the City Council set a public hearing date to consider the application for vacation of a Public Roadway Easement. Recommendation: Staff recommends that the Council adopt the attached resolution setting a public hearing date for the vacation of a public roadway easement located at 12466 Marystown Road. Discussion: D.R. Horton own property formerly known as 12466 Marystown Road (see attached legal description and drawings), which is presently included in the proposed Windermere Plat application. The roadway easement pertained to a driveway that led to a residential structure. That structure no longer exists; therefore, that easement is no longer necessary. The attached Resolution No. 7840 sets a public hearing date to consider the vacation of the roadway easement. The attached resolution sets a public hearing for Tuesday, March 21, 2017. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration. The Planning Commission will consider the request at its March 9, 2017 meeting. Budget Impact• N/A ATTACHMENTS: D Resolution # 7840 D Aerial Plan D Site Plan D Easement Plan D Legal Description RESOLUTION NO. 7840 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PUBLIC ROADWAY EASEMENT WHEREAS,it has been made to appear to the Shakopee City Council that a public roadway easement located at property formerly known as 12466 Marystown Road(see attached legal description and drawings),is no longer of public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 21"day of March, 2017, at 7:00 P.M. or thereafter, on the matter of vacating a public roadway easement at property formerly known as 12466 Marystown Road (see attached legal description and drawings). Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk Print Preview Page 1 of 1 Whiderm8re 1 I ,r i r 1� f ti � II ' I � I ID"l��iU�wl'Hw ro�i I 9P� � .o�repuaatulwf r� » I! iso r I � ':IIS YI u 1 ��Illli NI uuuum� P ���IuV71 p> III I Dasclairner.Map--ndparmc f da-ta are believed to be accurate,bort accuracy is n•stguaraotleo_ 7,his fs rata Fagai heap Scapa— docum-enk and sh tuld,rx,t b a substituted for a tltfe saarch,ap,praiaa;,survey,or fir zwrnrrag verirrca€ion. y inch=522 feet http://gis-co-scoff.nm.us/ScottGIS2.0/WebFonns/Print.aspx?img=http://gis.co.scott.nm.us/S... 2/l/2017 � I g�--- - oa 41, ol IL eat i- 18R, ald L--————F———– rb ILA —— ------ ------ ------— /7 9 —j I /17 IQ 9 U- ......... + wLLJ uvso > ir ti� �(J jl ST'401 9f'601 (T LLJ aZ4Y ,� W z Lu FI w N p� n �', 5 �`Fs t'• --- W t I VJ 1 t 1 I 1 t Q Y u o C � M W t > I � I 0 4 K i o C}O C}0. Ir W !� O T a t 1 U z I 10In y d fAx t ' C W z z W O Il! } Gw a,W JWi 3 0 1 t a ,fit z t , l 7.« ;1:7.: +x hyx'ti+ ,. ,� 4 •s5.-' � 5� t x CONSENT . '• efOtr,}CawTt R�etAx F= III this oft# 1m i r THE FEDERAL LAND BANK OF SAINT PAUL,of 375 125 j Jackson Street,St.Paul,Minnesota 55101,m,rtgagee in,and - ,.+�tny.ncnrddud�t I owner and holder of,a mortgage executed by Norbert Theis ` ..and Corrine B._The3.s,,husband andcowl Rau" _ wr dated Mav_-z4, 1968 CONSENTS to an Easement for Right of way Recording Information 1 i executed byNorber.t Theis, a we R. Theis, bush_and and wife _ to City of Shakopee, a municipal corporation, and its Utility Commission dated IttneNU.,.._14$9_.. recorded _in(Vo).) (Book) (Liner) (date) of ^___--_.,on Page_._ ._....__-in the office of the Register of Deeds in and for 4he County of_._Scott _._ ._�State of�Ftinnesota over premises described as follows: Commencing at the Southeast corner(SE) of the Northeast One Quarter(NE�), Section Fourteen 14), Township One hundred fifteen (115) North, Range Twenty three (23) West, thence Northerly along the East line of said Northeast One Quarter (NE%) a distance of 208.7 feet to the actual point of beginning of the easement, thence Westerly along a line parallel to the South line of the Northeast One Quarter (NEt), a distance of 208.71 feet, thence Southerly along a line parallel to the East line of the Northeast One Quarter (Nn), a distance of 10.0 feet, thence Westerly along a line at 90 degrees, 0 minutes, 0 seconds to the East line of the Northeast One Quarter (NEZ), a distance of 884.29 feet, thence No'ttherly along a line parallel to the East line of the Northeast One Quarter (NZ!z), a distance of 20.0 feet, thence Easterly along a line at 90 degrees. 6 minutes, 0 seconds to the East line of the Northeast One Quarter (NE3-4), a distance of 1,093 feet, thence Southerly along the East line of the Northeast One i Quarter (NES), a distance of 10.0 feet and there terminating. j s.nd agrees that in the event of the foreclosure of said mortgage, or other sale of the property described in said mortgage under judicial proceedings,the same may be sold subject to said easement. 1 :. 1 Dated.._—."—_ _.. THE FEDERAL LAND BANS OF SAYNf'-PA17L WITNESSE : - ;' Byn ,r-,r L. Sc r Cf Its (ice-P s�dent, I AeOstant 'et:retary, STATE OF MINNESOTA u COUNTY OF RAMSEY ss. j I On the date of this instrument the above named offleers of The Federal Land Bank of Saint Paul,known to me to be such officers,and by me being duly sworn,said that they are such officers,that the seal affixed hereto is the corporate seal,that this instrument was executed on behalf of the corporation by authority of its Board of Directors ad the free act and deed of the corporation. l.f R�JAr.gc.t4lFtAk,,F1.Sf tn1 / .•"y 'r pUN c 7Y • x 1981 0r ARY PUBLI t '�. ewe V.• vvatrmew :. 4705 .7/77....,;::.•::.:.:..... sc ee. ...., - c ..x._t ...... a,.n,,. ...t.-...'v.zvi.-.v..>.,.r.•�1:1 .:t-,.. _ S".,` � .l t { ,. `rF{. e. R L 7 r-',t ,fif• Z-..e ;,;„ L Y . f.-'S..v,;k -� r., Fu,:+;. .� ,..b •m't`4 �.1 t;£` � -?a 'e"�`+'^'c,,"--�z�.3� S.� �ysz 'rr .'�. f�x.°.a�' `'�'r`�`,�","';�? s: F1(H291T A An easement for utility purpose over, under and across that part of the Southeast One Quarter (SEk), of the Northeast One Quarter (NEk), of Section Fourteen (14), Township One Hundred fifteen (115) North,Range Twenty three (23) West, Scott County, Minnesota, described as follows: Commencing at the Southeast corner'(SE) of the Northeast One Quarter (NEk), Section Fourteen (14), Township One Hundred fifteen (115) North, Range Twenty three (23) West, thence Northerly along the East line of said Northeast One Quarter (NA). a distance of 208.7 feet to the actual point of beginning of the easement, thence Westerly along a line parallel to the South line of the Northeast One Quarter (NEk), a distance of 208,71 feet, thence Southerly along a line parallel to the East line of the Northeast One Quarter WEk), a distance of 10.0 feet, thence We7LerLy along a line at 90 degrees, 0 minutes, 0 seconds to the East line of the Northeast One Quarter (NE4), a distance of 884.29 feet, thence i Northerly along a line parallel to the East line of the Northeast One Quarter (NEk), a distance of 20.0 feet, thence Easterly along a line at 90 degrees, 0 minutes, 0 seconds to the East line of the Northeast One Quarter (NEk), a dis- tance of 1,093 feet, thence southerly along the East line of the Northeast One Quarter (NE: ), a distance of 10.0 feet and there terminating. i 1 I i t � I � I I I I I I .i i I I ap: 1fi' a} I B.I. pwakA SHAKOPE Shakopee City Council February 21, 2017 FROM: Chris Dellwo, Captain TO: Mayor and City Council Subject: Declare Three Forfeited Vehicles as Surplus Property Policy/Action Requested: The Council is asked to declare three forfeited vehicles as surplus property. Recommendation: If Council concurs, it is asked to declare the below described vehicles as surplus property. Discussion: The following vehicles were obtained through successful forfeiture proceedings: 1. 2003 Chevrolet Cavalier, VIN: 1GIJC52F137386961 2. 2004 Acura RL, VIN: JH4KA96624C002079 3. 2006 Kia Optima, VIN: KNAGE124365030284 After being declared surplus, the vehicles will be sold at auction and the proceeds, if any, will be disbursed according to Minnesota State Statute. Budget Impact• None C.1. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Michael Hullander, Public Works Superintendent TO: Mayor and City Council Subject: *Re-purchase Agreement for Tractor Policy/Action Requested: Approve use of re-purchase agreement for unit #143 a John Deere 5085 tractor from Ag Power Enterprises, Inc. for the price of$9,500.00, the funding to be expended from the Capital Equipment Internal Service Fund. Recommendation: Recommend approval. Discussion: The re-purchase agreement with Ag Power Enterprises, Inc. on the John Deere 5085 tractor is at two years for $4,000.00 up to 250 hours and $12.00 for every additional hour thereafter. Unit #143 has 578 hours at this time which comes to $7,936.00, with an additional $1,200.00 for the removal and re-installation of the La-forge front mounted power take-off and three point hitch, the total cost is $9,136.00. The annual cost of this re-purchase agreement is less than the rental rate required in the Capital Equipment Internal Service Fund for replacement at ten years of service. Budget Impact• Funding to come from the Capital Equipment Internal Service Fund. ATTACHMENTS: D Ag Power Quote - Unit #143 JOHN DEERE lZu vMMN PIR,ph"'"", CWI,qe1A N-th—W,1A ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere& Company Ag Power Enterprises, Inc. 2000 John Deere Run 1051 Old Hwy 169 Blvd Cary, NC 27513 Belle Plaine, MN 56011 FED ID: 36-2382580; DUNS* 60-7690989 952-873-2224 AgP,owerAdmin@agpowerjd.com Quote Summary Prepared For: Delivering Dealer: City Of Shakopee Public Works Ag Power Enterprises, Inc. 400 Gorman St Ryan Wester Shakopee, MN 55379 1051 Old Hwy 169 Blvd Business- 952-233-3825 Belle Plaine, MN 56011 Phone- 952-873-2224 ryanwester@agpowedd,com Quote ID: 14503233 Created On: 20 December 2016 Last Modified On: 31 January 2017 Expiration Date: 20 January 2017 Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 5085M Utility Tractor $73,792.00 $57,557,76 X 1 = 57,557.76 Contract: MN Tractors Sub Compact Utility 109844 (PG 12) Price Effective Date: December 20, 2016 Equipment Total $57,557.76 Trade In Summary Qty Each Extended 2014 JOHN DEERE 5085M - 1 $48,057.76 $48,057.76 1 LV5085MLEJ644325 PayOff $ 0,00 Total Trade Allowance $48,057.76 Trade In Total $48,067.76 Includes Fees and Non-contract items Quote Summary Equipment Total $57,557.76 Trade In $(48,057.76) SubTotal $9,500.00 Est. Service $0.00 Agreement Tax Total $ 9,500.00 Down Payment (aoo) Salesperson :X Accepted By X Confidential JOHN DEERE tV I kl—h K L�una.1 0—f AfN ffi,fia.4.11,MN 11,11,PI'd-,MN 0.gl,1A N"'gh—d 1A ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere& Company Ag Power Enterprises, Inc, 2000 John Deere Run 1051 Old Hwy 169 Blvd Cary, NC 27513 Belle Plaine, MN 56011 FED ID- 36-2382580-1 DUNS* 60-7690989 952-873-2224 AgPowerAdmin@agpowerjd.com Rental Applied (aoo) Balance Due $9,500.00 Salesperson :X Accepted By X Confidential JOHN DEERE hkU Selling Equ pment Holkadak'MN R1111"U.,M", 0""c[A NMI,- J,1A Quote Id: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere& Company Ag Power Enterprises, Inc, 2000 John Deere Run 1051 O1ld Hwy 169 Blvd Cary, NC 27513 Belle Plaine, MN 56011 FED ID: 36-2382580; DUNS# 60-7690989 952-873-2224 AgPowerAdmin@agpowerjd.com JOHN DEERE 6085M Utility Tractor Contract: MN Tractors Sub Compact Utility 109844 (PG 12) Suggested List Price Effective Date: December 20, 2016 $ 73,792,00 Selling Price* $ 57,557.76 Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 192BLV 5085M Utility Tractor 1 $ 56,70100 22.00 $ 12,474.66 $44,228.34 $44,228.34 0409 English Operator's Manual 1 $ 0.00 22.00 $0.00 $ 0.00 $0.00 and Decal Kit 1380 16F/16R PowrReverser 1 $ 0.00 22.00 $ 0.00 $ 0,00 $ 0.00 Transmission - 540/540E 2060 Premium Cab 1 $ 13,442.00 22.00 $ 2,957.24 $ 10,484.76 $ 10,484.76 2120 Standard Air Suspension 1 $ 849.00 22.00 $ 186,78 $ 662.22 $662.22 Swivel Seat 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 3025 Deluxe Comer Post 1 $603.00 22,00 $ 132,66 $ 470.34 $470.34 Exhaust(Cab Only) 3320 Dual Stackable Rear Valve 1 $ 0.00 22,00 $ 0.00 $ 0.00 $ 0.00 with Lever Controls 3430 Triple Stackable Mid Valve 1 $ 774.00 22,00 $ 170.28 $603.72 $60332 with Joystick Control 3820 Shiftable 540/540E Rear 1 $ 0,00 22.00 $ 0.00 $ 0,00 $ OM PTO 4030 Electrohydraulic (EH) with 1 $475.00 22.00 $ 104.50 $ 370.50 $ 370.50 remote Left-hand (LH) fender control 5192 18A8,30 (460/85830) RIW 1 $ 0.00 22.00 $ 0.00 $ 0,00 $ 0.00 (Firestone) 5999 No Rear Tire Brand 1 $ 0.00 22.00 $0.00 $ 0.00 $ 0,00 Preference 6040 MFWD (4-Wheel Drive) 1 $ 0,00 22,00 $0.00 $ 0.00 $ 0.00 6203 12A824 (320/85824) RIW 1 $ 0.00 22.00 $0.00 $ 0.00 $ 0.00 (Firestone) 6799 No Front Tire Brand 1 $ 0,00 22.00 $0.00 $ 0.00 $0.00 Preference Confidential JOHN DEERE wah" MN Selling Equipment ffilth-doA.,MN 14,1k Pk6w,My C>.p, fA Quote Id: 14503233 Customer Name: CITY OF SHAKOPEE PUBLIC WORKS -1............. ........... ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere & Company Ag Power Enterprises, Inc. 2000 John Deere Run 1051 Old Hwy 169 Blvd Cary, NC 27513 Belle Plaine, MN 56011 FED ID: 36-2382580-, DUNS#: 60-7690989 952-873-2224 AgPowerAdmin@agpowerjd.com 8010 Front Fenders Rigid 1 $ 553,00 22.00 $ 121.66 $431.34 $431.34 8300 Cold Weather Package- 1 $88.00 22.00 $ 19.36 $68.64 $68,64 Coolant Heater 8510 Telescopic Rear View Cab 1 $ 305,00 22.00 $67,10 $237.90 $ 237.90 Mirrors (2) Manually Adjustable Standard Options Total $ 17,089.00 $ 3,759.68 $ 13,329.42 $ 13,329.42 Value Added Services $0.00 $0.00 $0.00 Total gggj Suggested Price $57,667.76 Total Selling Price $73,792.00 $ 16,234.24 $ 67,55716 $ 67,65716 Confidential C.2. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Jacob Busiahn, Natural Resources Technician TO: Mayor and City Council Subject: *Accept Donations from Shakopee Public Utilities and the Lower Minnesota River Watershed District for the 2017 City Tree Sale, Res. No. 7832 Policy/Action Requested: Approve Resolution 7832 and accept donations of$5,000 from Shakopee Public Utilities and $1,000 from the Lower Minnesota River Watershed District for sponsorship of the 2017 City Tree Sale. Recommendation: Staff recommends approving Resolution 7832 to accept donations of$5,000 from Shakopee Public Utilities and $1,000 from the Lower Minnesota River Watershed District for sponsorship of the 2017 City Tree Sale. Discussion: On April 29th, 2017 (Arbor Day), the City will host a tree sale for Shakopee residents. In an effort to increase participation and reduce the cost to residents, Shakopee Public Utilities and the Lower Minnesota River Watershed District have generously agreed to sponsor the 2017 Tree Sale. Shakopee Public Utilities would like to donate $5,000 for the second year in a row, and as a first time sponsor, the Lower Minnesota River Watershed District would like donate $1,000. In 2016 the tree sale offered 150 trees and it sold out quickly. In 2017 we will be offering 200 trees (19 different species). Trees will be 6' - 12' depending on species and $30 - $40 each. Residents can find out more details and purchase trees on the city's website: www.ShakopeeMN.gov/treesale With the known threat of emerald ash borer, an estimated 25,000 trees within City limits will be lost in the near future. This loss of tree canopy will result in an increase of energy consumption, water usage and stormwater, along with a decrease in air quality, property values, and character within our community. The City is hoping to curb this loss with continued growth of our tree sale in the upcoming years. Sponsorship from partners like Shakopee Public Utilities and the Lower Minnesota River Watershed District will be key in achieving this goal. Budget Impact• If City Council chooses to accept these donations, the cost per tree for our residents would be reduced by 40%. If the donations are declined, this price reduction would not be received. ATTACHMENTS: D Resolution No. 7832 RESOLUTION NO. 7832 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A SPONSERSHIP OF $5,000 FROM SHAKOPEE PUBLIC UTILITIES & $1,000 FROM THE LOWER MINNESOTA RIVER WATERSHED DISTRICT FOR THE 2017 CITY TREE SALE WHEREAS, November 6t", 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, the tree sale sponsorships of$5,000 from Shakopee Public Utilities & $1,000 from Lower Minnesota River Watershed District greatly reduces the cost per tree for our residents, encouraging more trees to be bought and planted within our community; evermore important in preparing for the upcoming loss of tree canopy due to emerald ash borer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the sponsorship is gratefully accepted; and BE IT FURTHER RESOLVED, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. William Mars Mayor of the City of Shakopee ATTEST: City Clerk C.3. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Bruce Loney, Public Works Director TO: Mayor and City Council Subject: Approve Plans and Order Advertisement for Bids on Fire Station No 1 Rear Parking Lot. Policy/Action Requested: Approve Resolution 7838, a resolution approving plans and ordering the advertisement of bids. Recommendation: Staff has prepared plans for the rehabilitation of Fire Station No. 1 rear parking lot. Due to the age and condition of the bituminous pavement, staff recommends replacement with concrete pavement. Discussion: In 2015, the front parking lot of Fire Station No. 1 was reconstructed to concrete pavement. The rear parking lot is in need of repair and upgrading to concrete pavement will handle the weight of the fire trucks. The cost of replacing the parking lot is estimated at $154,000.00. Budget Impact• This project is budgeted out of the Building fund. ATTACHMENTS: D Resolution 7838 D CIP Sheet D Plans RESOLUTION NO. 7838 A Resolution Approving Plans and Specifications And Ordering Advertisement for Bids for Fire Station No.l Rear Parking Lot WHEREAS, Bruce Loney, Public Works Director has prepared plans and specifications for improvements for the Fire Station No. 1 rear parking lot, by installation of concrete pavement and any appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and on questcdn.com an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. 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PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Bruce Loney, Public Works Director TO: Mayor and City Council Subject: Approve Plans and Order Advertisement for Bids on the 2017 Bituminous Overlay Project No. 2017-2. Policy/Action Requested: Approve Resolution 7833, a resolution approving plans and ordering the advertisement of bids. Recommendation: Staff has prepared plans for a bituminous overlay project as presented in the 2017-2021 Capital Improvement Program. These plans are ready for obtaining bids. Discussion: The City has been doing bituminous overlays for a number of years as part of the city's pavement management program. Attached is the CIP sheet showing a cost estimate for the project of$2,020,000.00 including engineering costs. Current estimates for this project is $1,960,000.00 including engineering costs. Budget Impact• This project affects the Capital Improvement fund with some funding out of the sanitary sewer, surface water and water utility for utility adjustments and repairs. ATTACHMENTS: D Resolution 7833 D CIP Sheet D Plan Title Sheet RESOLUTION NO. 7833 A Resolution Approving Plans and Specifications And Ordering Advertisement for Bids For The 2017 Bituminous Overlay Improvement Project No. 2017-2 WHEREAS, Bruce Loney, Public Works Director has prepared plans and specifications for improvements for the 2017 Bituminous Overlay Project, by installation of bituminous overlay and any appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and on questcdn.com an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2017-PROJECTi2017BITOVERLAYWORD/RES7833APPROVE-PLANS-ORDER-BIDS cr) cx m x a) a) > E 0 a, E > — m 0 CL E > 0 E M 0 E yU a00 C14 O 0 -0 5 C> u CL >, C) 04 ca 0 E 0 -0 c 0 Cq 0) a) m 0) .> 0) 0 cu -0 V- E a) 04 -�5 CD a) Q) co 04 0 0 C14 0 Co 0 >1 C4 > a) Cu CD 0 C*4 0 CL E 0 ur > (D E m0 0 to CD w a) m to ur m 0 z > S. -0 0 ID U) CL > 0 0 4� 0 , E >0 a) E 04 :3 u 6 0 E co or_ :3 -c U) > C ca (D 0 0 CL C-4 Dm n C) C U) Irps 'W", co CD C4 CL 0 C/) CD © a� C> 0C) 0 Q 0 CD CD 0 CDC Cl) CD 0 a C) Cl n C) 0 0 CD� CD CD 0 0 tl— LO " C14 co (N LO C co 0 m C1 CD 0 0 A CL (n gig. M :3 m - " "-g, w U- -6 -6 kmei p E EU- LZ U- U- a) 0) LL a) (U > InQ -0 o a) nn (D 0 C: (D 0 .0 0) C: =3 0- C a) (D U- E a) U) U) fu Fu M E -E U) U) C 70 Q3 a) r a) .— E L- < U) ()� (n _ 2:,C) 0 > C oo 2 > w _0 0 a E E _j :6 (D 0D _lz M a) F: 7' x IQ C Cl..Q " , -t� (n 0 0 0 m m m 0 0 �5 o m m — I 0 LU w U- < U) (n U) 0 LU lig"rm 10- m 1<1 ........... (tc( r: v. 0 1E] C-4 -------- --------------- ui > LLJ IR wD ........... 0 CL LL (L Z ............ .......... ul Z CL .. ......................... 0 (.) J uu 3: o LAm 0 co co ......... CL 00 ........... C7 .......... 0 ............. E Of CL ............ ........... j E k4;e D.I. PM*MA SHAKOPE: Shakopee City Council February 21, 2017 FROM: Jennifer Gabbard TO: Mayor and City Council Subject: Leave Donation Policy, Res. No. 7839 Policy/Action Requested: Adoption of Resolution 7839, approving the Leave Donation Policy. Recommendation: Approval of Resolution 7839, which would implement the Leave Donation Policy for all eligible city employees. Discussion: Since becoming a City of Shakopee employee, in May, 2016, I have seen an large number of city employees who have been affected by a family tragedy or severe medical condition, for either themselves, or an immediate family member. These situations have led to employees using all of there accrued sick and vacation balances. Over the course of the last two years, we have replaced or added nearly 30% of our workforce, which includes new employees who are not accruing a large amount of time off. When a severe medical-related issue happens, and that employee needs to be out - there is a need to try and support that employee. However, there is no outlet for a city employee to donate time to other employees. I am proposing a new policy for the city, a Leave Donation Policy. This Policy would allow city employees to donate time to a "bank". That "bank" would be available for employees, which are eligible for use of the donated time. This would be a huge benefit to our employees, as we have some long term employees with large balances of sick and vacation time, that would be able to, if they so choose, donate time to help other employees in a time of need. This is a voluntary program, city employees would be able to donate at their will, for up to 40 hours in a calendar year. An employee does have to meet the established criteria to become eligible to use donated time, including the fact that both their combined balances of sick and vacation leave be under 40 hours. Budget Impact: The budget impact would be minimal. ATTACHMENTS: D Resolution 7839 - Leave Donation Policy D Policy Document - Leave Donation RESOLUTION NO. 7839 A RESOLUTION APPROVING THE LEAVE DONATION POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee has approved the Leave Donation Policy. BE IT FURTHER RESOLVED, that eligible city employees will now be able to donate their sick and vacation time to their fellow eligible employees. Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this 21St day of February, 2017. Mayor of the City of Shakopee ATTEST: City Clerk LEAVE DONATION PROGRAM POLICY potJ (Chapter, Section, Code -Added by Administration) SHWOPEE Adopted: Amended: POLICY CONTENTS A. Scope.................................................................................................................................................................1 B. Purpose............................................................................................................................................................1 C. Policy.................................................................................................................................................................2 D. Eligibility..........................................................................................................................................................2 E. Conditions.......................................................................................................................................................2 1. Forms............................................................................................................................................................2 2. Participation..............................................................................................................................................2 3. Recipient......................................................................................................................................................3 4. Donor............................................................................................................................................................3 F. Exceptions.......................................................................................................................................................4 A. SCOPE This policy applies to all full-time, benefits eligible employees of the City of Shakopee. B. PURPOSE This policy establishes a leave donation program, through which eligible employees may voluntarily donate a portion of their accrued sick or vacation time to a bank to be converted to assist another employee who has exhausted all forms of paid leave due to a medical emergency. C. DEFINITIONS 1. Medical emergency A physician's diagnosis of a major life threatening event of an employee or immediate family member that will require the employee to be absent a prolonged period from their employment duty. 2. Immediate family For the purposes of this policy, immediate family shall include employee's spouse, children, parents, and includes the children, parents, of the employee's spouse. 3. Qualifying major life-threatening event Includes but is not limited to heart attack, stroke, cancer, organ transplant, life threatening illness or condition as defined by a physician's diagnosis using the FMLA medical certification of the catastrophic health problem. D. POLICY In accordance with the terms and conditions of this policy, employees having accrued vacation and sick time can donate a portion of accrued leave to a bank of hours to be used to assist fellow employees experiencing a medical emergency. The City Administrator has the right to deny or limit use of donated leave if it is determined to be in the best interest of the city. City Administrator may delegate responsibilities under this policy. Nothing in this policy will be construed to limit or extend the maximum allowable absence under the Family Medical Leave Act(FMLA).This program is to run concurrently with FMLA. E. ELIGIBILITY 1. Donors Donor employees must be benefit eligible to participate in the leave donation program. Donors must have more than 120 total hours of accrued vacation, sick and compensatory time available after the donation. 2. Recipients Recipient employees must be benefit eligible to participate in the leave donation program. Recipients must have a documented medical emergency and must have a combined balance of less than 40 hours in accrued sick, vacation and compensatory time. Employees receiving workers'compensation benefits from city-related injuries or illnesses are not eligible to receive donations. F. CONDITIONS The terms and conditions governing the Leave Donation Program are as follows: 1. Requests for leave donation Requests and donations must be submitted to Human Resources. The approval of a request remains valid until the employee notifies Human Resources to annul the approval or the employee becomes ineligible to participate in the program. 2. Participation Participation is voluntary and no employee shall pressure or otherwise attempt to influence another employee to donate accrued time. Human Resources may post information and general request information to inform employees of the program, Page 2 of 4 and inform employees if there is a need for donated leave hours. All donations will be kept confidential and the city will not inform the recipient of the names of those donating hours or the number of hours which have been donated. No provisions of this policy or its administration shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. 3. Recipient An employee is eligible to receive donated leave only for time lost from normal work hours and only to make them financially whole once their own paid leave banks have been exhausted. The Leave Donation Program wages shall be limited to the amount equal to that individual's regular gross earnings per pay period (i.e. current hourly base pay rate multiplied by regularly scheduled hours of work per pay period). Leave donations can be made only after an employee is forced by a medical emergency to be absent from work for more than five scheduled working days. Transfers of leave hours will be on an hour-by-hour basis; each hour of donor leave will be credited as an hour of leave for the recipient, paid at the recipient's current wage, regardless of any differences in pay levels. The IRS has ruled that these payments are considered wages and taxable income for the recipient. An employee may not receive more than a total of 40 work days or 320 hours of donated leave in a rolling calendar year, for any major life threatening disease or condition. All employees using donated leave will not accrue leave, including sick, vacation and compensatory time. Receipt of donated leave will not be allowed once an employee is judged to be disabled by the major-medical condition and will not be returning to work. Donated time cannot be used for severance pay, deposited into a sick leave bank, paid to an employee in the form of cash or used in any other manner other than what is stated in this section of the policy. 4. Donor An eligible employee who donates vacation and/or sick time understands this time is a "gift" and that the donated leave will be irrevocable, that the donating employee does not control the employee receiving the donated leave once donated, and any receiving employee has no obligation to pay it back. The IRS has ruled that the employee donating the leave realizes no income and incurs no tax-deductible expense or loss, either upon donation of leave or payment to the recipient. Page 3 of 4 Donation of accrued time must be in whole hours, and will be donated to a bank. An employee may donate no more than 40 hours of leave per calendar year. Donated leave hours will be processed in the order of the date the donated leave was received by the bank,with the earliest date processed first. Donated leave will be held until the following pay period(s), when it is needed, and processed at that time. Once donated time has been transferred to the donated leave bank the donor may not revoke the transaction, even if it has not yet been paid. G. EXCEPTIONS Exceptions to these requirements must be approved by the City Administrator.and will only be granted in rare and unusual circumstances.Any questions regarding this program should be directed to Human Resources. The city specifically retains the right to administer the program in the manner it deems to be in the best interest of the city, including the right to amend, to alter, to further limit or to eliminate the program. Page 4 of 4 E.I. PM*MA SHAKOPE: Shakopee City Council February 21, 2017 FROM: Jamie Polley TO: Mayor and City Council Subject: Final Plans, Specifications and Authorization to Bid Construction of Tahpah West Baseball Field No. PR2017-2 (A,B) Policy/Action Requested: Offer Resolution No.7836, A Resolution of the City of Shakopee, MN Approving Plans and Specifications and Ordering Advertisement for Bids for Tahpah West Baseball Field No PR2017-2. Recommendation: Recommend approval of the plans, specifications and ordering of bids for Tahpah West baseball field to construct a field planned for in 2017 and to enhance programs by the City, Independent School District 720 and Shakopee Youth Baseball Association. Discussion: Tahpah Park has 10 undeveloped acres on its west side. Two baseball fields are planned for this area, a youth 12-13 year old field and a full size baseball field. When reviewing the 2017 Park Reserve projects the City Council identified the construction of one field as a priority project. It was determined that the two fields would be built in two different phases. The first phase would include site preparation for both fields and the construction of the full size baseball field. The full size baseball field can be used by all ages. The baseball field would also be used by the School District's baseball program with its convenient location next to Joe Schleper Baseball Stadium. During the construction of the high school expansion the practice baseball field was removed and no definitive plans have been completed to build a replacement field at another location. The School District is therefore willing to contribute to the development of the full size field to serve the replacement for the baseball field that was removed. This field would serve the school program and the community. Project Timeline: February 21 Council approval to bid March 2 & 9 Advertise for bids March 28 Bid opening at 1:00pm at City Hall April 4 Award of contract April 17 Construction begins June 16 Substantial Completion Budget Impact: The Park Reserve has allocated $275,000 to the development of the baseball field at Tahpah Park. The Engineer's estimate for phase I is $527,113.65. The Shakopee Youth Baseball Association has offered to donate $25,000 in 2017 and an additional $10,000 over the next 5 years for a total donation of$75,000. The Shakopee School District 720 is also willing to allocate $150,000 to the development of the baseball field. Constructing the baseball field will truly be a collaborative effort. ATTACHMENTS: D Resolution No. 7836 D Tahpah West Cover Sheet RESOLUTION NO. 7836 A Resolution of the City of Shakopee, MN Approving Plans and Specifications And Ordering Advertisements for Bids for Tahpah West Baseball Field Project No. PR2017-2 WHEREAS, The City of Shakopee has hired WSB & Associates to prepare plans and specifications for the construction of a baseball field at Tahpah West, and WHEREAS, the current ten acres is vacant, and WHEREAS, the addition of a baseball field was planned for in the 2017 Park Reserve Fund, and WHEREAS, WSB &Associates has prepared the plans and specifications for the construction work and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications for the construction of a baseball field at Tahpah West are hereby approved. 2. WSB & Associates shall prepare and cause to be inserted in the official paper and online an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 21 st day of February, 2017. Mayor of the City of Shakopee ATTEST: City Clerk m I O O N (D N LLOmf�jP%. -r-- � r Ir— I N N LO U O co , > ■ ■ ■ i • 4- 0 • U • ■ N O ' 'O ' Z ' U ' /1 L.L W � � o i o ' U) . 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No. 7835 (A,B) Policy/Action Requested: Offer Resolution No. 7835, A Resolution of the City of Shakopee, Minnesota Approving Plans and Specifications and Ordering Advertisement for Bids for the Reconstruction of the Lions Pa k Warming House/Shelter, Project No. PR2016-2 (A, B) Recommendation: Recommend approval of the plans and specifications for the Lions Park warming house/shelter and authorize the advertisement for bids to complete a project identified in the 2017 Park Asset plan. Discussion: On September 6th the City Council rejected all bid for the Lions Park warming house/shelter and directed staff to make revisions to the plans. On February 7, 2017, the City Council reviewed the revised plans for the Lions Park warming house/shelter and provided staff with feedback on what should be included in the bid package. The bid package includes the revised shelter plan including the garage with two bid alternates. The alternates include steel roofing and an extended open air covered patio. The proposed timeline for the project: February 21 Council approval to bid March 9 & 16 Advertise for bids April 4 Bid opening at 2:00pm at City Hall April 18 Award of contract May 1 Construction begins September 1 Substantial completion Budget Impact: The 2017 Park Asset Fund has $500,000 allocated for the design, removal and construction of the Lions Park warming house/shelter. Design and geotechnical services for the initial and redesign totaled $63,750. The engineers estimate for the revised plan is $482,524.00. Upon bidding the project the City Council can determine if the bids would be accepted and/or if additional funds are needed. ATTACHMENTS: D Resolution No. 7835 D Plan Cover Sheet D Plan Design Sheet D Site Plan RESOLUTION NO. 7835 A Resolution of the City of Shakopee, MN Approving Plans and Specifications And Ordering Advertisements for Bids for the Reconstruction of the Lions Park Warming House/Shelter Project No. PR2016-2 WHEREAS, The City of Shakopee has hired 292 Design Group to prepare plans and specifications for the replacement of the Lions Park warining house/shelter building, and WHEREAS, the current warming house is 35+years old and in need of replacement, and WHEREAS, the replacement of the warming house was planned for in the 2016 Park Asset Fund and carried over to 2017, and WHEREAS, 292 Design Group has prepared the plans and specifications for the demolition and construction work and have presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications for the replacement of Lions Park warming house/shelter building are hereby approved. 2. 292 Design Group shall prepare and cause to be inserted in the official paper and online an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 21st day of February, 2017. 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PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Jamie Polley TO: Mayor and City Council Subject: Fun For All Inclusive Playground Donation, Res. No. 7837 Policy/Action Requested: Offer Resolution No. 7837, A Resolution of the City of Shakopee, MN Accepting Multiple Donations and a Grant of$1000 or More for the Shakopee Fun For All Playground. Recommendation: Recommend accepting the donations and the grant for the Fun For All Inclusive Playground to fund the completion of the playground and donor wall. Discussion: On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions Park and authorized the fundraising efforts of the Fun For All Task Force. Task Force members have applied for grants as well as met with local business owners, corporations and various organizations seeking donations. Many generous donators have come forward in many ways and the park was mostly completed in October of 2016. The remaining component is the donor wall that will list all of the major donators. Per city requirements for donations, any monetary donation of$1000 or more needs to be accepted by two-thirds vote of the City Council. The City has received the Christopher & Dana Reeve Foundation 2nd Cycle 2016 Quality of Life grant in the amount of$13,245.00. In addition, three significant donations of$1000 have been received from individuals and businesses who are wonderful supporters of the community. The donators include Loonan Insurance Consulting, Inc/American Family Insurance, WSB & Associates and Bolton & Menk. Budget Impact• The total cost of the project was $369,837.38. To date the City contributed $150,000 and a total of$226,056.29 was raised by fundraising and the Rotary Club donated $15,885.00. In- kind donations totaled $31,232.42. The Park Asset Fund has a balance of$22,103.91 to complete the donor wall at the entrance to the playground. ATTACHMENTS: D Resolution No. 7837 RESOLUTION NO. 7837 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A GRANT AND MULTIPLE DONATIONS OF $1,000 OR MORE FOR THE SHAKOPEE FUN FOR ALL PLAYGROUND. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, the Christopher & Dana Reeve Foundation 2nd Cycle 2016 Quality of Life grant has been awarded to the city in the amount of$13,245.00, and WHEREAS, avid supporters of the City of Shakopee have generously donated $1,000 or more to the Shakopee Fun For All Inclusive Playground and are Loonan Insurance Consulting, Inc./American Family Insurance, WSB & Associates and Bolton & Menk; and WHEREAS, donations will assist in constructing a unique playground that will provide a positive playing experience for all community members, young to old and of all abilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the grant and donations are gratefully accepted; and FURTHER, City staff is directed to send a letter to the donors, acknowledging receipt of the gifts and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 21St day of February, 2017. William Mars Mayor of the City of Shakopee ATTEST: City Clerk F.I. PM*MA SHAKOPE: Shakopee City Council February 21, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and City Council Subject: City Bill List Policy/Action Requested: Move to approve the bills and electronic funds transfers in the amount $2,307,354.03, payroll transfers in the amount of$548,072.55 for a total of$2,855,426.58. Recommendation: Attached is the most recent monthly Financial Report for the General Fund. These reports reflect the expenditures as recorded for 2016 & 2017 activity. The following transactions are notable for this reporting cycle: • Rainbow Treecare has submitted the final invoice for boulevard trees pruned in 2016, $44,742.75. • Park Construction submitted Payment Voucher #8 for 4th Ave & Shenandoah Dr Improvement Project. Pay period for work done is from October 1 st to November 15, 2016, $131,182.07. • RJM Construction, LLC has submitted 2 Payment Vouchers. Voucher #12 is for work done in January 2017 on the Community Center Renovation, $761,091.19. Voucher #13 is for a retainage reduction, $643,456.20. Total payment to RJM Construction LLC is $1,404,547.39 • Spohn Ranch, Inc has submitted the final payment for the Skatepark Project relocated at the Community Center, $21,787.69, • Towmaster Truck Equipment has submitted an invoice for the accessories that have been installed on the new 2017 Mack Cab Plow Truck, $114,258.00 Included in the check list are various refunds, returns, and pass through. Discussion: Budget Impact• ATTACHMENTS: D Bill List Transfer D Council Check Register D Council Check Summary D Monthly Financial Report 2016 D Monthly Financial Report 2017 Funds transferred electronically February 8, 2017 to February 21, 2017 PAYROLL $ 314,211.02 FIT/FICA $ 95,807.62 STATE INCOME TAX $ 20,417.99 PERA $ 81,147.03 HEALTH CARE SAVINGS $ 11,537.52 HEALTH SAVINGS ACCT $ 6,177.45 NATIONWIDE DEF COMP $ 13,005.07 ICMA DEFERRED COMP $ 925.24 MSRS $ 3,909.41 FSA $ 789.97 MN WAGE LEVY $ 144.23 Total $ 548,072.55 0 N �J Q z w w w v a p w a a w w a c v� o ra G H u � Q z zz z z z z z z z z 0 0 0 0 0 0 0 0 x x x x x x x x x x x m m m m m m m m m m m W W W W W W W W W W w a a a a a a a a a a a W W �✓+ UUU L LVVUUUV F F F F F F F F F F F m bG b N O O z m M `t h m m m h 7 m M- M- m m m m m m T r M M M m M - M m M m m lc� IC WO O O O O O o O O OOO W T N 0. � r. < Y Ln c4r r r r r r r r r r r w u 0 D- U � U > N N N N N N N c� N N N Q Q Q Q Q Q Q Q Q Q Q o 0 0 0 0 0 0 0 0 0 0 o o o O O o O O O O o z z z z z z z z z z z o 'v r, a o 0 0 0 0 0 0 0 0 0 0 U 8 0 w w w M w m w m w d w m w m w m w m w ti ti ti ti ti ti ti ti ti ti d 0 O O O O O O O O O O O O O O O O O O O O O O O O U O O O O O O O O O O O O O O O O O O O O O O W U O W 0. w rn w w z C7 W a a z z k CO y U U W O O V1 00 ,--i O r V1 .--i V o0 V �D V M cn V N V �D O1 V o0 V1 M O O_ In 0 N � N N N O v U JO N N H z H H o w x uj uj � h N 6., U U 2i 2i ' ' m w w w mow' H d W } o c w H Lu a w � � q w a z z z L) ° q w z z w 2 z a a a a ¢ w H o z z c4 x o w w °y bG b N O O z Q Lc cG o w x LT4 9p � W 0 O O q kv" a w c a 9p u N p a ay w o ¢ w w° A x z q a ° w w z a w z N x o m H asW L4 C�7 's � Q x x x a U � O a0 'D V] V] O GG 0CO� C CD O O O O O 0 OC D`. 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N Sr .r N r- AO :t N O r- l— 41 j N O it l� O N oo 4 1�6 C�' N O kr 116 oo O N N M ---a N •-- •--+ `O o0 N I� M N kn P6� M 01 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G l� A bA O O O O O O O O O O O O O O O O N .� a1 O O � 00 00 O zt N N O M O O M N pp o0 00 00 � a1 00 kn M M C1 C1 M N v m — � r- — � � — -r N (4 N M N H � z x w a � ° z a z � � Q H w H N 00 o z d U w v w a w �-o w U� r� a z as h O N M L") l 00 -- N m -- F.2. pwakA SHAKOPEE Shakopee City Council February 21, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council Minutes from January 2, 2017 Policy/Action Requested: Approve the City Council minutes from January 3, 2017. Recommendation: Approve the minutes. Discussion: Budget Impact• ATTACHN ENTS: D January 3, 2017 Shakopee City Council P"MA January 3,2017 7:00 PM SHAKOPEE City Council Chambers 129 Holmes Street South Mayor Bill Mars presiding 1. Roll Call Present: Mayor Bill Mars; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember Kathi Mocol;Councilmember Mike Luce. Staff Present: City Administrator Bill Reynolds;Public Works Director/Engineer Bruce Loney;Finance Director Darin Nelson; Parks and Recreation Director Jamie Polley; City Attorney Jim Thomson; City Clerk Lori Hensen. 2. Pledge ofAllegiance 3. Approval of Agenda Mr. Reynolds requested items # 4.A.1 and 4.D.3 be removed from the agenda and that item # 8.13.4 would be presented before item#8.13.3. Moved by Councilmember Kathi Mocol and Seconded by Councilmember Matt Lehman to approve the agenda as modified.Vote 5-0 4. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion.Those items removed will be considered following the Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Cncl.Luce removed Item#4.C.1 for further discussion. Moved by Councilmember Mike Luce and seconded by Councilmember Matt Lehman to approve the Consent Agenda as modified.Vote 5-0 A. Planning Department 1. Acceptance of Metropolitan Council Local Planning Assistance Program Grant, Res.No. 7823 (A,B) Item removed from Agenda. B. Public Works and Engineering 1. 2017 Street Tree Pruning Contract(A,C,D,E) Motion to authorize hire of Northeast Tree, Inc. for the 2017 Street Tree Pruning Contract(Motion carried under the Consent Agenda). C. Parks and Recreation 1. Acceptance of a Donation of $1000 for the Shakopee Fun For All Playground, Res. No.7825(A,B,D) Cncl. Luce recognized the donation of $1,000 made by Janice and Donald Link for the playground. Moved by Councilmember Mike Luce and Seconded by Councihnember Matt Lehman to accept a donation of$1,000.00 for the Shakopee Fun For All Playground.Vote 5-0 D. General Administration 1. City Bill List(F) Motion to approve the bills and electronic funds transfers in the amount of$2,817,143.48(Motion carried under the Consent Agenda). 2. Designation of Official Newspaper(F) Motion to Designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2017(Motion carried under the Consent Agenda). 3. Requesting Scott County to Reinstate Special Assessment#27000 for Parcel 27-908068-1,Res. No.7824(F) Item removed from Agenda. 4. Tobacco license for Top Star Market(F) Motion to Approve the tobacco license to Adel Taweeleh and Sined Manasra dba Top Star Market at 615 Marschall Road(Motion carried under the Consent Agenda). 5. Bicycle Advisory Committee Vacancy(F) Motion to Approve the interview coru-nitteds recommendation for the Bicycle Advisory Committee (Motion carried under the Consent Agenda). 6. Massage Business and Massage Therapist License(F) Motion to Grant a massage therapy business and massage therapist license to Deb LaMay, 1880 Independence Drive(Motion carried under the Consent Agenda). 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length.The Mayor may adjust that time limit based upon the number of persons seeking to comment.This comment period may not be used to make personal attacks,to air personality grievances,to make political endorsements or for political campaign purposes.Council Members will not enter into a dialogue with citizens,and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made,but rather for informational purposes only. There were no citizens who wished to present 6. Public Hearing TNT Taxi changed hands and according to City Code a public hearing was required to approve the change of ownership.After some discussion the Council agreed to approve the change. Moved by Councilmember Jay Whiting and Seconded by Councilmember Kathi Mocol to Approve the application for Taxicab Business License for JeffNorton dba TNT Taxi.Vote 5-0 7. Business removed from consent will be discussed at this time See Item#4.C.1. 8. General Business A. Parks and Recreation 1. Authorize Rule Waivers and Various In-Kind Contributions to Relay for Life(D) Ms. Polley explained that the Relay for Life group was requesting a fee waiver for the Log Cabin Youth Building,use of Lion's Park,and extended hours for the park.A Special Use Permit would be issued for all their other needs including the extended hours.After some discussion,it was decided that it would not be equitable to waive the park fees for one group over another but the Council was willing to grant them extended hours. Moved by Councilmember Kathi Mocol and Seconded by Councilmember Matt Lehman to approve the rule waivers for park hours for Relay for Life but not the park rental fees requested. Vote 5-0 B. General Administration 1. Monthly Financial Review(C) Mr.Nelson gave a financial review for the month of December.He did not have the official year end numbers yet because some funds and payments were still coming in.Cncl.Lehman asked Mr.Nelson to bring the final numbers to a future meeting. 2. Roles and Responsibilities of Shakopee City Leadership(A-F) Mr. Reynolds reviewed the roles and responsibilities of the mayor, councilmembers, and city administrator as outlined in the League of Minnesota Cities Handbook and the Open Meeting Laws. 3. Adopt an Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code,Regulating Motion Picture Theaters,Res.No. 955(B,D) This ordinance was put into place many years ago and is no longer relevant because all of the provisions in the ordinances are covered by other ordinances. Mr. Burkett mentioned that the same section concerning outdoor performance regulations could also be looked at because the ordinances are duplicated in other areas. Moved by Councilmember Kathi Mocol and Seconded by Councilmember Mike Luce to Adopt an Ordinance Repealing Section 115.01 - 115.15 Shakopee City Code, Regulating Motion Picture Theaters.Vote 5-0 4. Ordinance and Policy Review Process(A-E) Mr. Burkett explained that staff was reviewing the city ordinances and policies to consolidate and align them. Many of the ordinances have not been reviewed in a long time and no longer reflect the Council's vision or decisions. He informed the Council to expect at least one agenda item per month concerning city ordinances and policies. He encouraged both the Council and public to investigate policies and bring them to staff. Staff would then bring the item before the Council to vote on whether staff should review that item and come back to the Council with proposed changes. Due to Open Meeting Laws,Council members would need to bring requests to staff who would then bring it before the Council as an agenda item or bring it up when discussing Other Business. It was acknowledged that an item may have to come before the council many times before it is approved. 9. Liaison and Administration Cncl.Luce had nothing to report. Cncl. Lehman attended the Orderly Annexation review meeting with staff and participated in the Interview Committee with Cncl.Whiting. Mayor Mars attended the Orderly Annexation Review meeting. He welcomed the new Scott County Commissioners to the board and congratulated Mike Beard on being appointed Chairman of the Scott County Board.He reminded the Council and public of the Ice Arena Grand Opening on January 15. Cncl.Whiting participated in the Interview Committee and attended the Diversity Alliance and SPUC meetings. Cncl.Mocol and Mr.Reynolds had nothing to report. 10. Other Business 11. Adjourn Moved by Councilmember Jay Whiting and Seconded by Councilmember Matt Lehman to Adjoum to January 17,2017 at 7:00 pin.Vote 5-0. Lori J.Hensen,City Clerk Beth Lopez,Recording Secretary Lori Henson City Clerk Beth Lopez Recording Secretary F.3. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and City Council Subject: Fee schedule updates Policy/Action Requested: Adopt Ordinance 957, an ordinance amending the adopted 2017 fee schedule and order its publication. Recommendation: Adopt ordinance 957. Discussion: Each year in December, the council adopts a comprehensive city fee schedule for the following year. Throughout the year additions or corrections need to be made to the fee schedule to reflection changes in processes of city services. The updates are as follows: Administration and Economic Development Fees I. Business and Trade E. . Jump Drive copy of Gov. requested data $5 each This needs to be updated to reflect current processes for data requests. The DVD recorder is broken and is not able to be replaced. It is recommended to change this to a jump drive, which will also be more cost effective. Police Department Fees I. Report Copies G. Hourly rate for contracted police services S -5 80 As the hourly wage of officers increases, so does their overtime rate. After having conversations with Darin Nelson, it was decided to raise the rate to ensure the city was not losing money on contractual services. Budget Impact: ATTACHMENTS: D Ordinance 957 ORDINANCE NO. 9 5 7 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY'S ADOPTED 2017 FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: WHEREAS, by Ordinance No. 954, the City Council established a fee schedule effective January 1,2017; and WHEREAS, the City Council has determined that it is desirable to modify the 2017 Fee Schedule. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shakopee that the Adopted 2017 City Fee Schedule is amended as follows: Administration and Economic Development Fees I. Business and Trade E. e�`r-_, . Jump Drive copy of Gov. requested data $5 each Police Department Fees I. Report Copies G. Hourly rate for contracted police services $ 80 Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 2 1 't day of February, 2017. Mayor of the City of Shakopee Attest: City Clerk A. PM*MA SHAKOPEE Shakopee City Council February 21, 2017 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and City Council Subject: Public Hearing for the 2017 Street Reconstruction Project, Project 2017-1, Res. No. 7834 Policy/Action Requested: Offer Resolution 7684, a resolution ordering an improvement and preparation of plans and specifications for the 2017 Street Reconstruction Project, Project No. 2017-1, and move its adoption. Recommendation: Offer Resolution 7684, a resolution ordering an improvement and preparation of plans and specifications for the 2017 Street Reconstruction Project, Project No. 2017-1, and move its adoption. Discussion: As per Resolution 7826, a resolution receiving a report and calling for a public hearing on the 2017 Street Reconstruction Project, Project 2017-1, a public hearing is scheduled for February 21, 2017. This agenda item is to conduct the public hearing for the proposed improvements associated with the 2017 Street Reconstruction Project and pass Resolution 7834, a resolution ordering an improvement and preparation of plans and specifications for the 2017 Street Reconstruction Project. This is a Council initiated project that requires a supermajority vote to move forward. On November 15, 20161 City Council ordered the preparation of a preliminary engineering report for the 2017 Street Reconstruction Project. The report was completed and accepted by City Council on January 17, 2017. This proposed project includes reconstructing the following streets: Shakopee Avenue from CSAH 17 to 11th Avenue Dakota Street from 1 st Avenue to 4th Avenue On February 9, 2017, staff conducted an informational meeting for the property owners being affected by the proposed project. Approximately 15 residents attended the meeting. The residents in attendance at the informational meeting had some general questions regarding the design including sidewalks, street widths, trees and how far private services were being repaired. A presentation of the project will be made at the Public Hearing. Budget Impact• The total estimated project cost for the 2016 Street Reconstruction Project is $2,582,000.00. The project is proposed to be funded as follows: 30% of the restoration and street improvements for a residential street ($384,000.00) will be assessed to the benefitting properties. The remaining costs associated with the restoration and street improvements will be paid from the Capital Improvement Fund ($896,000.00). Storm sewer improvements ($338,000.00) will be paid from the Storm Sewer Fund. Watermain improvements ($554,000.00) will be funded by Shakopee Public Utilities. Sanitary sewer improvements ($410,000.00) will be paid from the Sanitary Sewer Fund. ATTACHMENTS: D Resolution 7834 RESOLUTION 7834 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For The 2017 Street Reconstruction Project 2017-1 WHEREAS, Resolution 7826 adopted on January 17, 2017, fixed a date for Council hearing on the proposed improvement of the 2017 Street Reconstruction Project and all appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21St day of February, 2017, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is necessary, cost effective and feasible and is ordered as hereinafter described: 2016 Street Reconstruction Project and all appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 2017-1 Public Improvement Program. 4. The City Council shall let the contract for all or part of the improvements as authorized by Minnesota Statutes 429.041,no later than three years from the date of adoption of this resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 2017. Mayor of the City of Shakopee ATTEST: City Clerk ENC{R/2017-PROJECTS/2017-RECONSTRUCTION WORD RES7834-ORDERING-PROJECT A.I. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Michael Kerski TO: Mayor and Council Subject: Ordinance No. 956 Policy/Action Requested: Action on Ordinance No. 956 that amends Title XV of the City Code by adding definition for Massage Establishments to 151.002 and allowing Massage Establishments in the B-1 and B-3 Zoning Districts under 151.013 Conditional Use Permit Standards for Business Zones. Recommendation: Staff recommends approval of Ordinance 956. Discussion: Currently massage parlors are regulated under Chapter 116, which recognizes and accepts therapeutic massage along with the opportunity and potential for illicit massage to occur. Chapter 116 requires a license for massage therapists. Violation of the Chapter can be grounds for suspension or revocation of a license as determined by the City Council.The Chapter does not deal with land use or appearance. There are more than 50 Conditional Uses in the City, many of which also include significant licensing requirements including schools and daycare facilities, funeral homes, gas stations, health facilities, hospitals, pet facilities, printing facilities and many others. Conditional Use standards have general and specific criteria that are subject to careful evaluation to ensure that their location and design are consistent with the standards, purposes, and procedures located in 151.013 and the Comprehensive Plan and do not have a detrimental impact on neighboring properties. The Board of Adjustment and Appeals reviews each Conditional Use and allows a Public Hearing for input and a presentation by the Applicant. Applicants under the proposed changes would have to meet the criteria included in Chapter 16 along with location in the proper Zoning District and additional design criteria. Based on Council feedback, staff has eliminated the distance requirements and allowed the user in B-1 and B-3 by Conditional Use. Conditional Uses are another tool that the City uses to ensure that uses are kept to applicable standards and that violations can result in revocation of the use. Budget Impact• None ATTACHMENTS: D Ordinance 956 D Chapter 116: Massage Parlors ORDINANCE NO. 956 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XV OF THE CITY CODE BY ADDING DEFINITION FOR MASSAGE ESTABLISHMENTS TO 151.002 AND ALLOWING MASSAGE ESTABLISHMENTS ONLY IN THE B-1 AND B-3 ZONING DISTRICT UNDER 151.013, CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Section 151.002 of the City Code is amended to add the following definition: MASSAGE ESTABLISHMENT. (1) An establishment where the principal use and service is providingtherapeutic massage as defined in Chapter 116 of this Code, including any enteflprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the city for a fee or other consideration paid either directly or indirectly, that: (a) Has 1 or more massage typists employed or contracted to provide massage therapy services for the massage establishment, or (b) Is in a fixed location within the city wherein massagepy services are provided. (2) Any health or medical facility, office, or clinic operated by state licensed medical professional(s) or any health or medical-related business operated by state licensed medical professional(s) duly licensed under the provisions of M.S.§§ 144.50 through 144.60, as they may be amended from time to time, which provides therapeutic massage to its patients, shall not be deemed to be a massage establishment. Section 2. Section 151.040, Paragraph(C) of the City Code is amended to add the following Subparagraph: (30) Massage Establishments Section 3. Section 151.013, Paragraph (B) of the City Code is amended to add the following Subparagraph: (52) Massage Establishments (a) Are allowed only in the B-1 and B-3 zone; (b) Operation and operators must meet all the requirements in Cites Chapter 116 prior to application; (c) Windows and doors facing the primary street address must be transparent and allow visibility into the establishment, except for siege as permitted by the City Sign Code; (d) Can be revoked for any violation of City Code Chapter 116. Section 4. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 12017 Mayor of the City of Shakopee ATTEST: City Clerk il CHAPTER 116: MASSAGE PARLORS Section 116.01 Purpose 116.02 Definitions 116.03 License required 116.04 License applications 116.05 Licensee eligibility 116.06 Restrictions and regulations 116.07 Revocation 116.99 Penalty 6„ § 116.01 PURPOSE. (A) The city recognizes and accepts therapeutic massage, as distinguished from other forms of massage, as a scientific health care, maintenance technique, and procedure for the human muscles, tendons, tissues, and the like. The city, however, equally recognizes the potential for illicit massage operations or establishments in the wake of legitimate professional therapeutic massage establishments. (B) Accordingly, in order to prevent or protect against the existence of illicit massage establishments or operations in the city and to protect the public's health, safety, and welfare, including the protection of the city's legitimate massage therapists' profession and reputation, the city deems it necessary to regulate therapeutic massage establishments and massage therapists through the licensing process. (2013 Code, § 6.45) (Ord. 860, passed 9-13-2012) § 116.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCREDITED INSTITUTION. An educational institution holding accredited status from the North Central Association of Colleges and Schools ("NCA") or another regional accrediting agency approved by the U.S. Department of Education presently or at the time the applicant obtained his or her diploma or certificate of graduation. ACCREDITED PROGRAM. A professional massage program that is presently, or at the time the applicant obtained his or her diploma or certificate of graduation, accredited by the Commission on Massage Therapy Accreditation ("COMTA"), or a comparable national or regional organization which is approved by the U.S. Department of Education for its accrediting program for compliance with quality and competency standards through a process of periodic review and self-study. MASSAGE THERAPIST. A person who practices or provides therapeutic massage to another for a fee or other consideration paid either directly or indirectly. A person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician (cosmetologist) or barber who confines his or her treatment to the scalp, face, and neck or the lower leg and feet in the case of a pedicure shall not be deemed to be a MASSAGE THERAPIST. MASSAGE THERAPY or THERAPEUTIC MASSAGE. Scientific health care or health maintenance techniques or procedures carried out by a massage therapist involving the rubbing, tapping,pounding, or kneading of a person's skin, muscles, and tissues or the stretching of body limbs (e.g., Thai massage) for the purpose of easing mental and physical tension, the breaking up of fatty tissues, relaxing muscles or alleviating muscle spasms, and the improvement of circulation through the body. MASSAGE THERAPY BUSINESS. (1) Any enterprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the city for a fee or other consideration paid either directly or indirectly, that: (a) Has 1 or more massage therapists employed or contracted to provide massage therapy services for the massage therapy business; or (b) Is located in a fixed location in a nonresidential zoning district within the city wherein massage therapy services are provided. (2) Any health or medical facility, office, or clinic operated by state licensed medical professional(s) or any health or medical-related business operated by state licensed medical professional(s) duly licensed under the provisions of M.S. §§ 144.50 through 144.60, as they may be amended from time to time, which provides therapeutic massage to its patients, shall not be deemed to be a massage therapy business. STUDENT OF MASSAGE THERAPY. A person who is enrolled in and attends classes at an accredited institution or accredited program as defined by this chapter. This includes students attending a post-graduate continuing education class,provided the class has been approved by the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized organization. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012) § 116.03 LICENSE REQUIRED. (A) Massage therapist licence required. It shall be unlawful for any person to practice massage therapy or provide or offer to provide massage therapy within the city without a massage therapist license issued by the city. This includes persons providing massage therapy at massage therapy businesses that have massage therapy business licenses. (B) Massage therapy business license required. It shall be unlawful for any person or entity to operate a massage therapy business within the city without a massage therapy business license issued by the city. (C) Exceptions. This chapter shall not apply to and no massage therapist or massage therapy business license shall be required for: (1) A health care office, clinic, or facility: (a) Owned by a municipal corporation organized under the laws of the state; (b) Owned by the state or any of its agencies; or (c) Licensed by the state. (2) Any business or entity owned and operated by state licensed medical professional(s) through whom massage therapy or therapeutic massage is provided to its patients as a secondary health care treatment provided by the business or entity. (3) Accredited institutions which provide an accredited program of study or course work in massage therapy or therapeutic massage; provided, that: (a) The massage therapy or therapeutic massage is provided during and as part of a course or clinical component of the institution's program or course work; and (b) Students are supervised by an instructor while performing massage therapy or therapeutic massage. (4) A massage therapist who is working for or an employee of a medical professional licensed under M.S. Chs. 147 or 148, as they may be amended from time to time, or is an employee of a health care office, clinic, or facility that is: (a) Owned by a municipal corporation organized under the laws of the state; (b) Owned by the state or any of its agencies; or (c) Licensed by the state. (5) Students of massage therapy; provided, that: (a) The massage is provided during and as part of an accredited program of study or course work in massage therapy; and (b) The student is supervised by an instructor while providing or performing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in a conspicuous location in the room in which the massage therapy is provided. (D) Massage therapy business license period and renewal. A massage therapy business license issued under this chapter shall be an annual license, expiring on November 1 of each year. A massage therapy business license may be annually renewed,provided the licensee completes and files a license renewal application with the city no later than October 15 of the year in which the license is to be renewed. The licensee must provide the city with any changes in ownership interest throughout the duration of the license period. If ownership interests have changed, an additional investigation may be necessary and an additional investigation fee may be required to be paid. (E) Massage therapist license. All massage therapists practicing in the city must be licensed and must apply to the city for a massage therapist license. A massage therapist license does not expire and is not required to be renewed. (F) License and investigation fees. The license and investigation fees for licenses required by this chapter shall be determined by the City Council in the city's fee schedule. If a license application is received in the middle of a license term, the license fee shall be pro-rated for the remaining term of the license. All required license fees shall be paid on a pro-rated quarterly basis. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012) Penalty, see § 116.99 „- § 116.04 LICENSE APPLICATIONS. (A) Massage therapy business license. (1) An application for a massage therapy business license shall be filed, along with all required fees and information, including a background investigation fee with the City Clerk. The amount of the background investigation fee shall be equivalent to the city's cost of the background investigation of the massage therapy business and all persons or entities that have a 5% financial interest in the business. The Police Department shall conduct a background investigation on the applicant. An inspection of the business premises by the Building Inspector is also required. After the background investigation and building inspection are complete, all applications shall be considered by the City Clerk and granted or denied by the City Council. (2) The application for a license under this chapter shall be made on a form supplied by the city and shall contain the following information: (a) For all applicants: 1. Whether the applicant is an individual, corporation, partnership, or other form of organization; 2. Specify the full name, address, date, and place of birth, and telephone number of the natural person designated by the applicant as the massage therapy business's on-site manager or agent along with the notarized written consent of the person to: a. Take full responsibility for the conduct of the licensed premises and operation; and b. Serve as the business's agent for purposes of services of notices and other processes related to the license by the city. 3. Evidence that the massage therapy business's on-site manager or agent has legal work status in the United States; 4. A list of the massage therapy business's employees along with proof that all of the employees who are massage therapists are licensed by the city; 5. The legal description and address of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities; 6. If the applicant does not own the premises, a copy of the lease agreement allowing the applicant to occupy the premises; 7. The floor number, street number, and rooms where the massage services are to be conducted; 8. Whether all taxes and special assessments that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; 9. If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the Building Inspector, no plans need be submitted; 10. The name and street address of the business if it is to be conducted under a designation or name other than the name of the applicant, and a certified copy of the certificate required by M.S. §§ 333.01 and 333.02, as they may be amended from time to time; 11. Proof of general liability insurance coverage in effect as required by this chapter; 12. With respect to the owner, operator, or any person who has a 5% financial interest in the business and the appointed on-site manager or agent of the applicant, proof of workers' compensation insurance as required by state law; 13. If the owner, operator, or any person who has a 5% financial interest in the business and the appointed on-site manager or agent of the applicant has ever had a massage therapist or massage therapy business-related license in the city or another jurisdiction that was suspended or revoked within the past 10 years; 14. a. Proof of identification consisting of] of the following: i. A valid driver's license or identification card issued by a state of the United States or a province of Canada that includes the photograph and date of birth of the applicant; ii. A valid military identification card issued by the U.S. Department of Defense; or iii. A valid passport issued by the United States or another country if the applicant is a foreign national. b. For purposes of satisfying this requirement, the applicant is deemed to be the on- site manager or agent for the massage therapy business that is signing the application on behalf of the business. 15. Other information that the city may require. (b) For applicants who are individuals: 1. The full name, address, date, and place of birth, and telephone number of the applicant; 2. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or means and information concerning the dates and places where used; 3. Residence addresses of the applicant during 5 years preceding the date of application; 4. The type, name, and location of every business or occupation the applicant has been engaged in during the preceding 5 years; 5. Names and addresses of the applicant's employers for the preceding 5 years; 6. If the applicant has ever been convicted of a crime other than a minor traffic offense, if so, the applicant must furnish information as to the time, place, and offense involved in the conviction; and 7. If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name,place, and length of time of involvement in such activity. (c) 1. For applicants that are partnerships: a. The names and addresses of all general and limited partners and the information concerning each general partner described above in division (A)(2)(b) above; b. The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; and c. A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under M.S. § 333.02, as it may be amended from time to time, a certified copy of that certificate must be submitted. 2. The license if issued will be in the name of the partnership. (d) 1. For applicants that are corporations: a. The name of the corporation or business, and if incorporated, the state of incorporation; b. A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in M.S. § 303.06, as it may be amended from time to time; c. The names of any general managers, corporate officers, proprietors, and other persons in charge of the premises to be licensed, and the information about those persons described in division (A)(2)(b) above; and d. A list of the persons who own or have a 5% or greater interest in the corporation or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in division (A)(2)(b) above. 2. The license if issued will be in the name of the corporation. (B) Massage therapist license applications. (1) An application for a massage therapist license shall be filed, along with all required fees, with the City Clerk. The Police Department shall conduct a background investigation on the applicant. After the background investigation is complete, all applications shall be considered by the City Clerk and granted or denied by the City Council. (2) The application for a license under this chapter shall be made on a form supplied by the city and shall contain the following information: (a) The applicant's full name, address, date and place of birth, and telephone number; (b) The name, address, and telephone number of the applicant's current employer; (c) The applicant's employers for the previous 10 years, including the employer's name, address, and dates of employment; (d) The applicant's residence address for the previous 10 years; (e) The applicant's weight, height, color of eyes, and color of hair; (f) If the applicant has ever been convicted of a crime other than a minor traffic offense and, if so, the time,place, and offense involved in the conviction; (g) If the applicant has ever had a massage therapist or massage therapy business-related license in the city or another jurisdiction that was suspended or revoked within the past 10 years; (h) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used; (i) Evidence that the applicant has legal work status in the United States; 0) Evidence that the applicant has or will have general liability insurance coverage meeting the requirements of this chapter in effect at the time of issuance of the license; (k) Evidence that the applicant has I of the following: 1. Has a diploma or certificate of graduation from an accredited institution for a comprehensive massage therapy program that includes subjects of anatomy,physiology, hygiene, ethics, massage theory and research, and massage practice; 2. Has completed at least 500 credit hours of certified therapeutic massage training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program; or 3. Has passed either: a. The National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork; or b. The Massage and Bodywork Licensing Examination offered through the Federation of State Massage Therapy Boards and has a minimum of 7 years of full-time work experience as a massage therapist in the United States. (1) Proof of identification consisting of 1 of the following: 1. A valid driver's license or identification card issued by a state of the United States or a province of Canada that includes the photograph and date of birth of the applicant; 2. A valid military identification card issued by the U.S. Department of Defense; or 3. A valid passport issued by the United States or another country if the applicant is a foreign national. (m) Other information that the city requires. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012) § 116.05 LICENSEE ELIGIBILITY. (A) The City Council may deny issuance of a massage therapy business license in any of the following circumstances: (1) The proposed premises in which the massage therapy business proposes to operate is located in a residential zoning district or is located in a commercial or industrial zoning district in which medical or health care facilities or uses are not permitted or conditional uses; (2) The owner, operator, any person who has a 5% financial interest in the business or the appointed on-site manager or agent has a conviction for, or was charged with, but convicted of a lesser charge of, a crime involving a violation of any massage therapy-related regulation in any other jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by state statutes, theft, felony drug offense, any crime of violence as defined by state statutes, or any other similar crime or offense which conviction date is within 10 years of the date of application; (3) The owner, operator, any person who has a 5% financial interest in the proposed licensed massage therapy business or the on-site manager or agent had a massage therapist or massage therapy business-related license in another jurisdiction that was either suspended or revoked within 10 years preceding the date of application; (4) The information provided in the application does not meet the requirements of this chapter; (5) The applicant provided false or misrepresented information in the application; (6) The business is proposed to be operated on premises on which property taxes, assessments, or other financial claims by the state, county, or city are due, delinquent, or unpaid, provided the applicant or other entity in which the applicant has an interest has the legal duty to pay said taxes, assessments, or claims due and owing; (7) The applicant does not have insurance coverage in effect as required by this chapter; or (8) The applicant has been denied a license under this chapter within the preceding 12 months. (B) The City Council may deny issuance of a massage therapist license in any of the following circumstances: (1) The applicant has a conviction for or was charged with,but convicted of a lesser charge, a crime involving a violation of any massage therapy-related regulation in any other jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by state statutes, theft, felony drug offense, any crime of violence as defined by state statutes, or any other similar crime or offense within 10 years of the date of application; (2) The applicant had a massage therapist or massage therapy business-related license in another jurisdiction that was suspended or revoked within 10 years preceding the date of application; (3) The applicant is not 18 years of age or older; (4) The information provided in the application does not meet the requirements of this chapter; (5) The applicant provided false or misrepresented information on the application; (6) The applicant does not have insurance coverage in effect as required by this chapter; or (7) The applicant has been denied a license under this chapter within the preceding 12 months. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012) „ § 116.06 RESTRICTIONS AND REGULATIONS. All massage therapy business licensees and massage therapist licensees must comply with the following restrictions and regulations. (A) A massage therapy business must not provide massage therapy services at any location other than the premises identified on the license, except a licensed massage therapist employed or contracted by the massage therapy business licensee may provide massage therapy services in the following circumstances: (1) To a client at the client's residence or place of care if in a long- or short-term care facility, such as a hospital, nursing home, or convalescence facility; (2) In connection with a special event or function whereby the massage therapist provides massage services to attendees of the event or function; or (3) At the location of any business in the city that contracts with a licensed massage therapy business to perform massage therapist services at the site of the contracting business. (B) The act of any employee of a massage therapy business licensee is deemed to be the act of the licensee. The licensee shall be responsible for all acts and conduct attributable to and in connection with massage therapy services provided by the licensee or occurring on the premises of the business. (C) The person who is receiving a massage shall at all times have his or her anus, intergluteal cleft (buttocks crease), and genitals covered with clothing or properly draped with non- transparent material. The person who is receiving massage therapy of the breast or buttocks (gluteus) shall have the breast or buttock (gluteus muscle)that is not then immediately receiving massage therapy properly covered and draped with non-transparent material. (D) The massage therapist and all others working on the premises shall at all times be fully clothed and shall not expose his or her breasts, buttocks, anus, or genitals. (E) At no time shall the massage therapist touch or offer to touch or massage the penis, scrotum, mons veneris, vulva, or vaginal area of any customer or person inquiring of massage therapy services. (F) No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by state statutes or this code of ordinances, shall be used, ingested or present during any massage therapy session. (G) No doors of massage rooms, when occupied by 1 or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms. (H) Only massage therapists who are licensed by the city shall practice or provide massage therapy services for or within a licensed massage therapy business. (1) The licensee shall comply with any and all provisions of this chapter, all provisions of this code of ordinances, federal, and state laws and regulations. (J) No massage therapy services shall be provided and the massage therapy business shall not be open between the hours of 10:00 p.m. and 6:00 a.m. of any day. (K) The licensed premises of a massage therapy business shall, during all operating hours, be open to inspection by any city building, zoning, code, or police officer to determine whether this chapter and all other laws are being observed. All persons, as a condition to being issued the license, consent to these inspections. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent the city inspecting officer from making an inspection. (L) If a licensed massage therapy business's on-site manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. (M) A massage therapist shall have the license issued by the city in his or her possession while providing massage services within the city. A massage therapy business shall conspicuously post the license issued by the city on its premises in a conspicuous location that is accessible to the public. (N) No license issued under this chapter may be transferred. Massage therapy business licenses shall terminate upon any change in officers or ownership interests of the licensee, unless the change is approved by the City Council in which case the license shall only continue in force until the end of the license term. (0) The licensee shall have in effect during the license period general liability insurance providing minimum coverage of$300,000 combined single limit per occurrence. Employees of licensed massage therapy businesses are not required to carry individual general liability insurance;provided, that proof of required insurance coverage has been provided by the business to the city. (P) The licensee shall comply with all laws of health and sanitation. (Q) No massage therapy business shall be used or operated as or in conjunction with an adult establishment as defined in § 130.68. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012; Ord. 895,passed 10-7-2014) Penalty, see § 116.99 0§ 116.07 REVOCATION. Violation of any provision of this chapter, or any building, safety, or health regulation shall be grounds for suspension or revocation of a license, as determined by the City Council. Before revocation or suspension of any license, the city shall give notice to the licensee and grant the licensee the opportunity to be heard. (2013 Code, § 6.45) (Ord. 860,passed 9-13-2012) Penalty, see § 116.99 0§ 116.99 PENALTY. Every person violates a section, subdivision, paragraph, or provision of this chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows. (A) Misdemeanor. Where the specific section, subdivision,paragraph, or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor. (B) Petty misdemeanor. As to any violations not constituting a misdemeanor under the provisions of division (A) above, the person shall be punished as for a petty misdemeanor. (2013 Code, § 6.99) (Ord. 1,passed 4-1-1978; Ord. 337,passed 7-23-1992; Ord. 352,passed 1- 7-1993) A.2. PM*MA S AKOPEE Shakopee City Council February 21, 2017 FROM: Samantha DiMaggio, Economic Development Coordinator TO: Mayor and City Council Subject: Grant Agreement and Conflict of Interest Disclosure for Anchor Glass Container Corporation Policy/Action Requested: Authorize execution of Minnesota Investment Fund Grant Contract and Conflict of Interest Disclosure Form required by the State of Minnesota for award to Anchor Glass Container Corporation. Recommendation: Staff recommends authorization of the proposed grant contract and conflict of interest disclosure form. Discussion: The Shakopee City Council held a public hearing on September 6, 2016 and authorized Resolution No. 7767 -A Resolution regarding the authorization and approval for a Minnesota Investment Fund application, grant agreement and forgivable loan in connection with Anchor Glass Container Corporation. This resolution stated "the business subsidy of approximately $1,000,000 to be granted to Anchor Glass Container Corporation". After final negotiation between the City, Anchor Glass Container Corporation and the State of Minnesota Department of Employment and Economic Development (DEED) staff, the final award amount has decreased to $400,000. In return, Anchor Glass Container Corporation will retain approximately 280 full time positions. The City of Shakopee has $130,000 in Minnesota Investment Funds which were set aside to be used as a revolving loan fund. DEED has requested that the City of Shakopee utilize $65,000 of these fund to assist Anchor Glass, in return, they will award $400,000 in additional funds. Budget Impact• There is no additional budgetary impact as these are State of Minnesota funds. ATTACHMENTS: D Res. No. 7767 D MIF Grant Contract Anchor Glass A CITY OF SHAKOPEE,MINNESOTA RESOLUTION NO.7767 RESOLUTION REGUARDING THE AUTHORIZATION AND APPROVAL FOR A MINNESOTA INVESTMENT FUND APPLICATION, GRANT AGREEMENT AND FORGIVEABLE LOAN IN CONNECTION WITH ANCHOR GLASS CONTAINER CORPORATION WHEREAS,the City of Shakopee,Minnesota, desires to assist Anchor Glass Container Corporation,a corporation chartered in the State of Delaware to rehab and modernize its current location manufacturing facility located at 4108 Valley Industrial Blvd.North, Shakopee,Minnesota(the"project"),and WHEREAS,the City of Shakopee(the"City')will act as the legal sponsor for the Minnesota Investment Fund Application to be submitted on or after September 6,2016; and WHEREAS,the Mayor and the City Clerk of the City of Shakopee,Minnesota,are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Shakopee; and WHEREAS,the City has the legal authority to apply for financial assistance, and has the institutional, managerial,and financial capability to ensure adequate construction,operation,maintenance,and replacement of the proposed project for its design life; and WHEREAS,the City has not incurred any costs,nor has it entered into any written agreements to purchase property on behalf of the project; and WHEREAS,the City has not violated any Federal, State,or local laws pertaining to fraud,bribery, kickbacks,collusion,conflict of interest or other unlawful or corrupt practice relating to this project; and WHEREAS,the City has called for a Public Hearing to consider application for a Minnesota Investment Fund application,and grant agreement,and forgivable loan, all in connection with Anchor Glass Container Corporation; and WHEREAS,upon approval of its application by the State of Minnesota,the City may enter into a grant agreement with the State Department of Employment and Economic Development for the above-referenced project; and WHEREAS,the City certifies that it will comply with all applicable laws, statutes,regulations, and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application; and WHEREAS,the City and Kennedy and Graven, Chartered,the City's legal counsel,has obtained credit reports and credit information regarding Anchor Glass Container Corporation,and upon review,has found no adverse findings or concerns regarding,but not limited to,tax liens,judgments,court actions,and filings with state,federal and other regulatory agencies,the failure of Anchor Glass Container Corporation,to disclose any adverse information could result in revocation or other legal action; and WHEREAS,the City Council of the City of Shakopee held a duly noticed public hearing on September 6, 2016, related to the submission of a grant application to the Department of Employment and Economic Development and the business subsidy of approximately$1,000,000 to be granted to Anchor Glass Container Corporation,if the City receives the grant,and that all interested parties were given the opportunity to be heard. NOW,THEREFORE,BE IT FURTHER RESOLVED that, as a result of this action,the Mayor, and the City Clerk of the City of Shakopee,Minnesota,are hereby authorized to execute such agreements and amendments thereto,as are necessary to implement the project on behalf of the applicant. Sworn and Executed Under My Hand this 6 Day of September,20164- William Mars, Mayor JATTE Lori He e ty Clerk STATE OF MINNESOTA GRANT CONTRACT DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT DIVISION Minnesota Investment Fund Grant Contract CDAP-16-0018-H-FY17 $400,000 City of Shakopee Anchor Glass Container Corporation This Grant Contract is between the State of Minnesota,acting through the Department of Employment and Economic Development, Economic Development Division, 332 Minnesota St., Suite E200, St. Paul, MN 55101 ("STATE") and City of Shakopee, 129 Holmes Street S., Shakopee, MN 55379 ("GRANTEE"). Recitals 1. Under Minn. Stat. §116J.993 and 116J.994 which established the guidelines for providing business subsidies, and 116J.8731, which established the Minnesota Investment Fund, the State is empowered to enter into this Grant Contract. 2. The State is in need of local government to administer financial assistance to eligible projects in accordance with Minn. Stat. § 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures developed by the State. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. 4. The Grantee and State are entering into this Grant Contract for public purposes that include the creation or retention of jobs that pay quality wages, the enhancement of economic growth in the State of Minnesota and the expansion of the tax base of the local community where the business will locate or expand. Defined Terms Defined terms. As used in this Grant Contract, the following terms shall have the meanings set out respectively after such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Application" means the Grantee's application to the State for a Minnesota Investment Fund award for the purpose of providing a loan to Anchor Glass Container Corporation ("BORROWER"). "Benefit Date" means the date equipment financed through a Minnesota Investment Fund loan is fully operational or the date a building certificate of occupancy is issued for real property financed through a Minnesota Investment Fund loan. "Compliance Date" is the date two years from the Benefit Date at which job creation/retention and wage goals by the Borrower must be completed or maintained. Rev.May 2016 1 "Full-Time Equivalent (FTE)" is one or more people working a sum of 2,080 hours in a calendar year. "Loan Agreement" is a document between the Grantee and Borrower defining the terms and conditions of the Loan. 1. Term of Agreement 1.1 Effective Date: November 16, 2016 Per Minn. Stat. § 16B.98 subd. S and Minn. Stat. § 16B.98 subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Benefit Date: May 30, 2017 1.3 Compliance Date: May 30, 2019 1.4 Expiration Date: August 30, 2019 1.5 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction and Venue; 15. Data Disclosure; and Exhibit A 4. Repayments. 2. Grantee's Duties The Grantee, who is not a State employee, will: 2.1 Perform the duties specified in Exhibit A which is attached and incorporated into this Grant Contract. 2.2 Include in any contract and sub-grant, including the Loan Agreement with the Borrower, in addition to provisions that define a sound and complete agreement, such provisions that require contractors, sub-grantees and the Borrower to comply with applicable state and federal laws. 2.3 Ensure that all contractors and subcontractors performing work covered by this Grant are paid for their work that is satisfactorily completed. 2.4 Grantee shall make all reasonable efforts to collect and shall bear all costs associated with monitoring, servicing, reporting, and enforcing the terms of the Loan Agreement. 3. Time The Grantee must comply with all of the time requirements described in this Grant Contract. In the performance of this Grant,time is of the essence. 4. Consideration of payment 4.1 Consideration.The State will pay the Grantee under this Grant Contract as follows: a) Compensation. The Grantee will be reimbursed according to the approved Budget contained in Exhibit B,which is attached and incorporated into this Grant Contract. b) Total Obligation. The total obligation of the State for all compensation and reimbursement to the Grantee under this Grant Contract will not exceed $400,000. 4.2 Payment Request.The State will disburse funds to the Grantee pursuant to this Grant Contract, based upon payment requests submitted by the Grantee and reviewed and approved by the State. Payment requests must be accompanied by supporting invoices that relate to the Rev.May 2016 2 activities in the approved budget and the documentation detailed in Section 4.3 of this Grant Contract. The State will provide payment request forms. If the Grantee has received invoices from the Borrower for expenditures made after Effective Date of this Grant Contract but before the Grant is closed or until all funds are disbursed, whichever is earlier, the Grantee shall submit those invoices to the State for review and approval no later than 25 days after the end date of the state fiscal year of June 30th. To ensure that all funds are drawn down by the expiration date of the Grant Contract, all Grantee payment requests must be received by the State at least 30 days prior to the Expiration Date. 4.3 Documentation. The following information must be submitted and approved by the State before funds will be released: a) Loan Documents. Minnesota Investment Fund Loan Agreement, promissory note, amortization schedule, corporate guaranty of parent company, security agreement, and evidence of security UCC filings. b) Lender Documents. Documentation that participating lenders and or equity injections have closed on their financing: 1) Promissory note for$65,000 from the city of Shakopee 2) Evidence of equity injection in the amount of$15,800,000 c) Invoices. Invoices or other documentation as approved by DEED Loan Officer for $800,000 in equipment costs and evidence of expenditure of$15,000,000 in leverage costs. Funds will be released on a cost-sharing ratio of 3% Grant funds to 97% other funds. At least 75% of project costs must be expended or committed prior to request for reimbursement of MIF funds unless other mitigating factors are present. d) Eligible Costs. Eligible costs include the costs identified in Exhibit B of this Grant Contract that are incurred during the contract period. 5. Conditions of Payment. All services provided by the Grantee under this Grant Contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law. The State will not authorize disbursement of funds if there has been any adverse change in the Borrower's financial condition, organization, operations, or their ability to repay the project financing. 6. Authorized Representative. The State's Authorized Representative is Lisa Dargis, Loan Officer, 1st National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259-7446, lisa.dargis@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this Grant Contract. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each payment request form submitted for payment. The Grantee's Authorized Representative is Samantha DiMaggio, Economic Development Coordinator, 129 Holmes Street S., Shakopee, MN 55379, 952-233-9317, sdimaggio@shakopeemn.gov, or his/her successor. If the Grantee's Authorized Representative changes at any time during this Grant Contract,the Grantee must immediately notify the State. Rev.May 2016 3 7. Assignment,Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of the State, approved by the same parties who executed and approved this Grant Contract, or their successors in office. 7.2 Amendments. Any amendment to this Grant Contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this Grant Contract,that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This Grant Contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract, whether written or oral, may be used to bind either party. Where provisions of the Application are inconsistent with the other provisions of this Grant Contract, the other provisions of this Grant Contract will take precedence over the provisions of the Application. 8. Liability Subject to the provisions and limitations of Minn. Stat. §466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Contract by the Grantee or the Grantee's agents or employees. This Clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Contract. 9. State Audit Under Minn. Stat. § 166.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of seven (7)years from the end of this Grant Contract, receipt and approval of all final reports,or the required period of time to satisfy all state and program retention requirements,whichever is later. 10. Government Data Practices 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. § Ch. 13, as it applies to all data provided by the State under this Grant Contract, as it applies to all data created, collected, received, stored, used, maintained,or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this Clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with all applicable law. 11. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Rev.May 2016 4 Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract. 12.2 Endorsement. The Grantee and the Borrower must not claim that the State endorses its products or services. 13. Governing Law,Jurisdiction, and Venue Minnesota law,without regard to its choice-of-law provisions, governs this Grant Contract. Venue for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination 14.1 Termination by the State. The State may immediately terminate this Grant Contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rata basis for approved costs incurred. 14.2 Termination for Cause. The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of the Grant Contract, legal documents required for disbursement have not been executed within 90 days of execution of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to distribute additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: a) It does not obtain funding from the Minnesota Legislature; b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Grantee will be entitled to payment determined on a pro- rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature,or other funding source, not to appropriate funds. The State must provide the Grantee notice of lack of funding within a reasonable time of the State's receiving that notice. 15. Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state Rev.May 2016 5 agencies and state personnel involved with the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Other Provisions 16. Conflict of Interest The STATE will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§166.98 and Department of Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered,transparency shall be the guiding principle in addressing it. Organizational conflicts of interest occur when: • a Grantee is unable or potentially unable to render impartial assistance or advice to the State due to competing duties or loyalties. • a Grantee's objectivity in carrying out the grant is or might be otherwise impaired due to competing duties or loyalties. • a Grantee has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors. Organizational conflicts include any individual part of the Grantee. Individual conflicts of interest occur when: • a Grantee uses his/her status or position to obtain special advantage, benefit, or access to the Grantee's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • a State employee is an employee or board member of a Grantee that is an immediate family member of an owner, employee or board member of the Grantee. The State and the Grantee must act immediately upon any suggestion, inquiry, or intimation that an individual or organizational conflict of interest exists at any point in the grant process. Steps must be taken to identify and avoid or mitigate any potential conflicts. The conflict of interest guidelines continue throughout the life of the grant agreement. The GRANTEE must complete and submit a Conflict of Interest Disclosure Form indicating whether or not a perceived, potential, or actual conflict of interest exists. If the GRANTEE identifies an actual, potential or perceived conflict of interest on the form,the GRANTEE must identify and submit its conflict of interest avoidance or mitigation plan. The STATE will review the form and the GRANTEE's individual or organizational conflict of interest avoidance or mitigation plan and other relevant facts, if needed, to determine if an actual, potential or perceived conflict of interest exists, as defined by policy or other relevant law. If it does, the STATE will pursue appropriate actions to mitigate, neutralize,or avoid the potential, perceived or actual individual or organizational conflicts of interest.These may include, but not be limited to,termination of the grant agreement; disqualification from future State grant awards, if it is Rev.May 2016 6 determined that it improperly failed to disclose a known individual or organizational conflict of interest or misrepresented information regarding such conflict; revising the GRANTEE's duties so that the conflict is mitigated; allowing the GRANTEE to propose the exclusion of task areas that create a conflict, if appropriate; allowing the individual with the conflict to be removed from taking any actions in relation to the grant agreement. In cases where a perceived, potential,or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the GRANTEE throughout the life of the grant agreement, they must immediately notify STATE for appropriate action steps to be taken, as defined above. Grantee is responsible for enforcement of this conflict of interest provision for any and all sub- grantees/sub-recipients of funding under this grant agreement. When a grantee gives funds to any sub-grantees or sub-recipients, DEED'S conflict of interest requirements must be included in the grant agreements with any and all sub-grantees or sub-recipients and with all additional tiers of sub-grantees or sub-recipients. All of the above provisions apply to any sub- grantees and applicable language must be included in the grantee/sub-grantee agreements. 17. Successors and Assignees This Grant Contract shall be binding upon any successors or assignees of the parties. 18. Minnesota Business Subsidy Law This Grant Contract must comply with the Minnesota Business Subsidy Law, Minn. Stat §§ 116J.993-116J.995 as applicable. 19. Affirmative Action The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons,women, and the qualified disabled. 20. Discrimination on Account of Race,Creed, or Color The provisions of Minn. Stat. § 181.59 and any successor statutes, which relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Agreement. Rev.May 2016 7 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat. §§16A.15 and 16C.05. Signed: By: (with delegated authority) Date: Title: Date: SWIFT Contract/PO No(s) 2. GRANTEE The Grantee certifies that the appropriate person(s)have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: Agency Grantee State's Authorized Representative—Photo Copy Rev.May 2016 8 EXHIBIT A GRANTEE DUTIES The Grantee, who is not a State employee, will, 1. Administer the project in accordance with the requirements of the Minnesota Investment Fund Program, Minn. Stat. § 116J.8731; Minn. Rules, Chapter 4300; and policies and procedures developed by the State. 2. Enter into a Loan Agreement with the Borrower for$400,000, ("LOAN") and assure the following conditions are included in such Loan Agreement: 2.1 Conditions a) Loan Term: 2 years b) Interest Rate: 3% c) Collateral: 1"position on equipment and/or fixtures d) The corporate guaranty of Glass Container Acquisition, LLC is required. 2.2 Job Creation and Wages a) The Borrower identified 280 full time equivalent (FTE) base jobs that must be maintained through the Compliance Date. b) The Borrower will retain 280 permanent non-contract FTE jobs, all paying at least$20.39 per hour or more in cash wages, exclusive of benefits, and $21.57 per hour including Benefits on the Compliance Date. Benefits are defined as one or more of the following: health, dental, life and disability insurance, retirement program and profit sharing paid by the Borrower. c) If the Borrower fails to meet the job retention goal and wage level commitments on the Compliance Date,the Grantee may,after holding a public hearing,extend the grant period for one year from the Compliance Date,after approval by the State. If,after the extension, the Borrower fails to meet the job retention goal and wage level commitment, the Borrower will be required to repay the Grantee all or a proportional share of the Loan funds on an accelerated term, and loan forgiveness will be reduced at a rate of $13,333 perjob not retained. d) In the event that no jobs are retained by the Borrower on the Compliance Date,the Grantee will be required to return all loan funds to the State. 2.3 Payment of Prevailing Wages to Contractors Minn. Stat. § 116.1.871 applies if a business receives$500,000 or more in State loan funds and the State funds are used for construction, installation (including equipment), remodeling and repairs. 2.4 Surety Deposits Required for Construction Contracts Minn. Stat. § 290.9705, pertains to foreign corporations that perform construction work in Minnesota and applies if state funds are used for construction. 2.5 Job Listing Agreement Rev.May 2016 9 Minn. Stat. § 1161L.66, subd. 1, applies when a business or private enterprise receives $200,000 or more per year in funds from the State. When applicable,the business or private enterprise shall agree to enter into a Job Listing Agreement with the MN Department of Employment and Economic Development. 2.6 Loan Forgiveness If the job retention goals and wage level commitments detailed in Sections 2.2 in Exhibit A of this Agreement are met on the Compliance Date, the Loan will be forgiven. 3. Require the Grantee's attorney to review the loan agreement, promissory note, security agreement, guaranty and/or other documents, if any, considered necessary to secure the loan to ensure they are valid, binding and enforceable. 4. If applicable, retain 40%of each principal and interest payment made by the Borrower, up to $100,000. Repay to the State 60%of each principal and interest payment made by the Borrower until the Grantee has received $100,000 in repayments. Once the Grantee has received $100,000 in repayments,the Grantee will repay the State 100%of every payment on the loan until paid in full. In the event the loan is not paid in full, principal and interest the Grantee retains will be reduced proportionally and returned to the State. 5. The Grantee will establish and maintain a revolving loan fund (RLF) consistent with the requirements 2. In the Recitals section of this Grant Contract and State RLF Guidelines published by DEED. The Grantee must retain financial control and decision making authority regarding the use of repayments from the loan. Upon approval by the State,the Grantee may loan or grant money from its RLF to a regional development commission, or other regional entity, or statewide community capital fund to capitalize or to provide the local match required for capitalization of a regional or statewide RLF. 6. Reporting a) Minnesota Investment Fund Annual Progress Reports 1) Submit to the State annual progress reports on forms provided by the State until the project goals have been met or until the Compliance Date, whichever is later. These reports must be submitted January 25"of each year for the period ending December 31, for as long as the project remains open. A final Progress Report is required within 25 days of the Compliance Date. 2) The final report must be submitted no later than 25 days after the Compliance Date. 3) The State, at its discretion, may require the submittal of additional progress reports. 4) Information required in these reports may include, but is not limited to the following: • Permanent jobs created • Hourly base wage • Date of hire • Job titles • Hourly value of benefits • Benefits provided • Project expenditures • Status of project • Status of payments • Payroll Report b) Minnesota Business Assistance Form (MBAF) Reports 1) Submit to the MN Department of Employment and Economic Development, Office of Economic Analysis, no later than April 15t of each year until the project goals have Rev.May 2016 10 been met. 7. Keep financial records, including properly executed contracts, invoices, receipts,vouchers, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures made pursuant to this Grant Contract. Accounting methods must be in accordance with generally accepted accounting principles. 8. Complete the project in accordance with the approved budget within the time frames specified in this Grant Contract. 9. Promptly notify the State of any proposed material change in the scope of the project, budget or completion date, which must be approved by the State, prior to implementation. 10. Have on file the necessary documentations to show that all project funds have been used for the items stated in the application. Rev.May 2016 11 Exhibit B Approved Budget Use of Funds MIF Bank Equity City Other Total Property Acquisition $0 Site Improvement $0 Building Renovation $0 Construction $0 Machinery& Equip. $400,000 $15,843,397 $65,000 $16,308,397 Roads $0 Water $0 Sewer(Sanitation) $0 Other $0 Total 1 $400,0001 $0 $15,843,3971 $65,000 $0 $16,308,397 Rev.May 2016 12 A.3. pwakA SHAKOPEE Shakopee City Council February 21, 2017 FROM: Michael Kerski TO: Mayor and City Council Subject: Resolution Supporting the Creation of an Additional Vehicular Crossing over the Minnesota River Policy/Action Requested: Council to discuss supporting an additional vehicular crossing over the Minnesota River to promote public safety and economic development. Recommendation: Adoption of Resolution No. 7843 Discussion: Council at its most recent work session concerning goals and direction for the City, discussed the possibility of supporting the need for an additional crossing over the Minnesota River. Budget Impact: N/A ATTACHNIENTS: D Resolution No. 7843 Resolution No. 7843 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REGARDING SUPPORT FOR THE CREATION OF AN ADDITIONAL VEHICULAR CROSSING OVER THE MINNESOTA RIVER WHEREAS the Shakopee City Council supports the enhancement of public health, safety and convenience for the citizen and visitors to the City of Shakopee by the construction and maintenance of adequate public roadways to support current and future growth of our population, industries and businesses; and WHEREAS,the City's 2030 Comprehensive Plan identifies transportation to and through Shakopee as a critical element and the 2040 Comprehensive Plan will plan for additional growth, both in population, industry and businesses in the areas west of the current Shakopee City Limits; and WHEREAS,traffic volumes on Route 169 have been identified as one of the areas of impact to city residents and visitors to the community because of congestion, capacity issues and accidents, especially during peak AM and PM commuting times; and WHEREAS,the existing 101 bridge and 169 bridge are the only access points over the Minnesota River for Shakopee residents and visitors; and WHEREAS, reliable access with adequate capacity across the Minnesota River is critical to the success of local companies and residents to provide ease of access for commerce and employment; and WHEREAS, an additional highway bridge crossing over the Minnesota River will ensure that Shakopee and Scott County residents and visitors have unfettered access to and through the community; NOW,THEREFORE, BE IT RESOLVED,that the Shakopee City Council expresses support for the construction of an additional bridge crossing over the Minnesota River in the area of the 169/41 interchange, or in an area that will provide connectivity for Shakopee,the surrounding communities and Scott County AND supports any and all efforts to seek State and Federal funding for design, right-of-way acquisition and construction of an additional bridge across the Minnesota River. Adopted om adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 21St day of February, 2017. Mayor of the City of Shakopee ATTEST: City Clerk B.I. pwakA SHAKOPEE Shakopee City Council February 21, 2017 FROM: Jacob Busiahn, Natural Resources Technician TO: Mayor and City Council Subject• Presentation from the Lower Minnesota River Watershed District Policy/Action Requested: Recommendation: Discussion• A representative of the Lower Minnesota River Watershed District will give a presentation on the organization's background, history, and opportunities to collaborate with the City of Shakopee. Budget Impact• C.1. PM*46A SHKOPE: Shakopee City Council February 21, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Shakopee Derby Days Outstanding Receivable for Huber Park Electrical Upgrades Policy/Action Requested: Motion to either write-off the $5,000 outstanding receivable with Shakopee Derby Days or proceed with collection efforts. Recommendation: From a financial standpoint, it is in the best interest of the city to proceed with collection of the outstanding balance. Discussion: The City Council approved an arrangement May 7, 2013 with Shakopee Derby Days (Derby Days) for the installation and financing of electrical upgrades at Huber Park. The total project cost was $29,197.25 with the city agreeing to provide approximately one half share of the improvements, and also to front a balance of$10,000 for Derby Days. Derby Days secured an initial $5,000 donation from the Shakopee Jaycees for their remaining portion. Derby Days paid installments to the city in 2013, 2014 and 2015 of$3,000, $1,000 and $1,000, respectively, leaving a remaining balance of$5,000. The only official cost sharing agreement on file is the council memo from May 7, 2013. In that memo it states, Derby Days will reimburse the city a minimum of$1,000 per year, until the $10,000 is repaid. This arrangement would continue for as long as Derby Days is in Huber Park, and is in existence as Derby Days (or successor). This item was moved from the general business part of the agenda to the consent agenda and approved with no discussion. Derby Days was not held in 2016 and is currently in the process of dissolving. Due to the ambiguity of the language in the memo there is a difference of opinions as whether or not Derby Days remains liable for the outstanding $5,000 balance. I have attached board minutes from Derby Days leading up to the May 7, 2013 council meeting. It appears Derby Day's intentions were to only be liable for repayment if the organization remained in Huber Park and/or in existence. Obviously, Derby Days' board minutes are not official actions of the City Council, therefore, the council memo interpretation is crucial in determining the Council's intentions. No matter the decision made, the electrical improvements remain property of the city and have been beneficial for events outside of Derby Days. Budget Impact• Either decision has minimal budget impact. The outstanding receivable is not budgeted, so any collection would increase the General Fund's fund balance. ATTACHMENTS: D May 7, 2013 Council Memo - Electrical Upgrades D Council Minutes May 7, 2013 D Derby Days Board Minutes May 2013 D Derby Days Board Minutes April 2013 D Derby Days Board Minutes March 2013 D Derby Days Invoice & Letter, December 2016 General Business ,l [AM-WIT TO: Mayor and City Council FROM: Mark McNeill, City Administrator DATE: 05/07/2013 SUBJECT: Reber Park Electrical. Upgrade(I)) Action Sought For COUnCil to give direction to approve a cost sharing arrangement with Shakopee Derby Days for the instillation ol'improved electrical service to Reber Park, and authorize 11lat work to be done. Background For as many years as the Derby Days community celebration has been field in Huber Park, the Shakopee L)erby Days organization has had to rent generators to provide electrical power in in Huber Park. That adds about $2,000 per year to their operating budget, "I'lle lack ot'adecluate electrical service also hampers the City's ability to accommodate other events in the park at other times throughout the year. In 2012, Shakopee Derby Days President Jack McGovern sought quotes to provide improved electrical service to the park. 'I'lic quotes were for three new electrical panels, wiring and conduits inside the park, and electric meters so that users could be charged for power. It would provide for power to a l'uture park shelter(anticipated in 2013 or 20 14) in the northeast corner of the park, power for the concessionaire location, added service to the stage, and power to the recreation/beer tent area on the west end of the park. In addition to the electrical contractor's cost, SPUC will need $7000 to cover its costs ol't1re expanded service. Including the lower eluate Submitted by Ries Electrical($22 197.25),the total project cost is $29,197.25. The request from Derby Days is Ior the City to provide$15,000 as approximately one half"share,ol'the improvements, and also to front a balance of'$I 0,000 that needs to be paid—Derby Days has Secured a$5000 (foliation ftorn the Shakopee Jaycees Im the other portion. Shakopee Derby Days Would then reimburse the City a rainirrium of'$1000 per year, until the $10,000 is repaid. This arrangement would Continue for as long as Derby Days is in I tuber Park, and is in existence as Derby Days (or successor). It also agrees to pay for the actual electricity consumed as determined by the new meters(the cost of'power has not been consistently billed in the past). The request is for the Council to approve this at its May 7th meeting, so that work can take Place in time for the improvements to be operational by Derby Days in August. As this Would be to improve the City-owned park,the agreement for the electrical work would be between the City and Ries Electric(even though the cluotes were obtained by Derby Days). Recommendation I recommend that the Council authorize installation of electrical service by Ries Ellectric,and agree to tile cost sharing, arrangement. Budget Impact The City's $25,000 would come Ir011l tile OUncil's unallocated line item. Relationship'ro Visioning Offleial Proceedings of the May 7, 2013 Shakopee City Council Page 2 4.C.3 Lehman/Clay moved to authorize the quote from Choice electric at$6,680.00 for the CR 17 pedestrian tunnel lighting. (Motion carried under the Consent Agenda) 4.C.4 Lehman/Clay move to authorize the appropriate city officials to enter into an extension agreement with Bolton & Menk, Inc. to provide design and survey services for the East Industrial Sewer Improvements Project No. 2013-4. (Motion carried under the Consent Agenda) 4.F.1 Lelu-nan/Clay moved to approve the bills in the amount of$1,039,163.44 and electronic transfers in the amount of$508,787.18 for a total of$1,547,950.62. (Motion carried under the Consent Agenda) 4.F.2 Lehinan/Clay move to approve the minutes from April 2°`, April 9`h, and April 16, 2013. (Motion carried under the Consent Agenda) 4.F.3 Lchman/Clay moved to approve the application and grant a massage therapy business license to Vogue Day Asian Massage LLC, 1240 East 3`d Avenue, Suite 104, Approve the applications and grant a massage therapist license to Xia Li and to Ying Li, (Motion carried tinder the Consent Agenda) UA Lchman/Clay moved to authorize the closure of Lewis Street from First and Third d Avenues on altering Friday nights from 6 to 10 PM, beginning May 31"and ending August 23 2013, for the Shakopee Downtown Classic Car Cruise. (Motion carried under the Consent Agenda) 4.F.5 Lehman/Clay move to authorize Contract Amendment#1 to provide additional compensation to Both Infrastructure and Environment, LLC,in the total amount of$37,150. (Motion carried under the Consent Agenda) 9.C.1 Lehman/Clay moved to authorize a drainage solution concept proposed by staff and authorizing staff to enter into a letter agreement with the property owners to participate in the project at a cost not to exceed $5,326.00 from the Surface Water Drainage Fund, (Motion carried under the Consent Agenda) 9.E.1 Lehman/Clay moved to agree to the funding arrangement with Shakopee Derby Days for the enhanced electrical services to Huber Park,and accept the quote of Ries Electric in the amount of$29,197.25 for the electrical work,and authorize the work to commence. (Motion carried under the Consent Agenda) 5. Recoanition of Involved Citizens b3:City Council. Mayor Tabke asked if there was anyone in the audience who wished to speak on art item not oil the Agenda. Jordan Olson,249 Mound St., asked Council to be fiscally responsible when considering the upcoming 2014 budget. Sean Nelson, 603 E. 81h Ave., said he attended the Governor's Townhall meeting and disagreed with Governor Dayton on his comments about rudeness from those who attended the meeting. Martin Alvarez, 700 Garden Lane, addressed Council through an interpreter, Mary Hernandez. Mr. Alvarez, who is a representative of the organization called CPHS,which translates to the Hispanic Advisory Council of Shakopee Parents, expressed concern over issues at Hunter's Shakopee Derby Days, Inc. Board Meeting Minutes Thursday, May 23, 2013 at 6:30 p.m. Coffee to Cream Meeting Room 1. Call to Order at 6:35 p.m.by President Jack McGovern Roll Call— 14 people in attendance/12 board members: Jay Whiting*,Linda Bittner*,Parris Quinn*,Pamela Pleasants*,Brad Eller,Anita Botamer*,Wes Reinke*,Brian Burgeson*,Brandon Grunst*,Jack McGovern*,Kayla Snyder,Ryan Koch*,Heidi VonBokern*,Brian Dahl*. (*denotes board member) 2.Approval of Agenda Jay moved to approve agenda/Pam seconded.Motion carried. 3.Meeting Minutes Heidi moved to approve minutes from the April 25,2013 board meeting/Brian seconded. Motion carried. 4.President's Report Jack discussed working as a team,and that Joy Newgard has returned to help with fundraising. 5.Vice-President's Report Pamela had no update. 6.Treasurer's Report Linda requested QuickBooks, a downloadable program,and a flash drive,with QuickBooks costing about$350,and flash drive costing about$15.Jay motion to approve purchase of QuickBooks and a flash drive/Wes seconded. Motion carried.Jay stated that Linda will be getting a$2000 check from Shakopee Community Education for the International Festival.Jack mentioned that checks going for the International Festival need to be written to Shakopee Derby Days. Shakopee Community Education and Allina also need to be listed as major sponsors. 7. Secretary's Report Wes had no update. 8. Old Business 1. Committee/Chairperson Needs—We need a 5K Turf Run chair,most inviting landscape contest chair, sawdust pile grab chair,and silent auction chair. Jack requested that the list be shared with the board so that they can come up with leads.Brad mentioned that he may have a lead for Shawn on the 5K Turf Run. 2. Power in the Park—Jack stated that City Council passed the proposal.Jack had a meeting with several people regarding timing.Hopefully work will begin by next week.Expected date of completion,as stated by Jack,is mid-June. 3. Amazing Shakopee History Race—Wes stated that the reason this was tabled was because there were some concerns discussed at the last meeting based on insurance liability. Ryan moved to allow the Scott County Historical Society to run the event/Jay seconded.Discussion proceeded about awards at stage and timing. Jay moved for an amendment to the motion based on the Historical Society providing detailed information and needs/Ryan seconded. Motion and amendment carried. 9.New Business 1. Canterbury—Jack revisited the first meeting with John.Brian Burgeson stated that Catlin is going to make introduction. Jay stated that Canterbury wanted to cross-promote the Mystic Derby along with Derby Days. Brian will follow up with introduction and meeting. 10.Adjournment Pam moved to adjourn at 7:20 p.m./Heidi seconded.Motion carried. Misc.Notes • Next Board Meeting—Thursday,June 27,6:30 p.m. • Next Committee Meeting—Thursday,June 27,7:15 p.m. • Shakopee Derby Days 2013—Wednesday,July 31—Sunday,August 4,2013. • Derby Days Web site—http://www.shakopeederbydays.co • Derby Days Social Media—hqp://www.facebook.com/shakopecdcrbydays and http://twitter.coln/shakoderbydays Shakopee Derby Days, Inc. Board Meeting Minutes Thursday, April 25, 2013 at 6:30 p.m. Shakopee Community Center Rotary Room 1. Call to Order at 6:35 p.m.by President Jack McGovern Roll Call— 17 people in attendance/13 board members: Wes Reinke*, Anita Botamer*, Catlin Soukup*,Pamela Pleasants*, Parris Quinn*,Brad Eller,Linda Bitmer, Ryan Koch*, Shirley Keller*,Brian Dahl*,Brandon Grunst*,Jack McGovern*,Heidi VonBokern*,Dean Bauleke*,Matt Lehman(arrived later),Brian Burgeson(arrived later),Kayla Snyder(arrived later),Chris Walczak(arrived later). (*denotes board member) 2.Approval of Agenda Jack would like to add 9.3,Puppet Show. Motion Heidi/Anita to approve agenda as amended. Carried. 3.Meeting Minutes Motion Heidi/Pamela to approve the minutes of the March 28,2013 board meeting as emailed out. Carried. At this time, items that Brad wanted to discuss were brought up. Brad presented a preliminary entertainment line-up,which included Johnny Holm and the Shaw Brothers as headliners. The School of Rock House Band,Metropolitan Dance Alliance, Calhoun Brass,and the Wild Rose Cloggers were willing to donate performances. St.John's Lutheran Church had contacted Brad about performing their Godspell musical Friday evening between about 5:45 and 6:45 p.m. Brad asked the board if the musical is OK. Board consensus is to firm this up. There is a gap during the Johnny Holm set-up time,but a DJ,karaoke,or other entertainment in the beer garden was discussed as possibilities. Brad discussed banners for Huber Park and sought board feedback. There will be a single-sided generic banner at 10 1/Sommervile and a two-sided entertainment banner near the playground. Suggestions were to put"fun parr'in place of"games"and"entertainment"in place of"music"on the generic banner. On the entertainment banner, it was suggested to swap the Shaw Brothers picture and the Johnny Holm Band picture, enlarge the Johnny Holm Band picture,and potentially enlarge the text"Full schedule at." Brad also mentioned that the Enigma Teen Advisory Board has expressed interest in doing a dunk tank and potentially selling energy drinks at Derby Days and asked how this would work. In 2010, it used the service vendor policy,was on a ticket-based system, and 15 percent of revenue after expenses was retained by Derby Days. Consensus was to charge the participation fee policy's promotions and advertising fee rate. Motion Shirley/Heidi to charge a flat fee of$75 for Thursday through Saturday for the Enigma Teen Center dunk tank,with all expenses and proceeds handled by Enigma. Motion carried with Wes and Catlin abstaining. 4.President's Report Jack asked to add 9.4,Putt-Putt Golf,to the agenda.Motion Heidi/Anita to approve the agenda as amended. Carried. Jack mentioned a puppet show email he had received from the Renaissance Festival that they wanted to present at Derby Days.Jack said that he had told them the only way this would be possible is if a sponsor were found. Discussion about if the show would be able to be made more family-friendly.Karaoke or a DJ were discussed as alternatives. Jack also brought up Putt-Putt Golf at this time.Parry Putt,LLC had expressed interest in being involved in Derby Days. Heidi has been in contact with them to follow up. They'd be able to provide a 9-or 18-hole course, staffed by their company. Heidi had mentioned that they'd only be considered if it were on a percentage basis. Heidi and company to look at locations. Upper parking lot,hamster ball race area,rodeo grounds were mentioned as possible areas. 5.Vice-President's Report Pamela had no update. 6.Treasurer's Report Shirley mentioned that the fireworks donations are capped at$11,000 and money will be restricted for next year. She needs the 2012 board list to finalize taxes. She distributed a profit/loss comparison sheet and provided an overview. Shirley also gave a prize bingo update at this time. The permit and license have been applied for. The event will be held at noon or 12:30 at Turtle's Social Centre. Dean Bauleke also notified the board of directors that he is resigning from the Derby Days Board of Directors.Motion Heidi/Anita to accept Dean Bauleke's resignation. Carried. 7.Secretary's Report Wes mentioned that Derby Days has been contacted by the mother of Miss Minnesota Preteen. The Miss Minnesota Preteen is looking to help out at Derby Days.Wes was directed to forward the email to Heidi to follow up with her. Wes had also received an email from DeeDee Currier requesting that the additional 15 percent of net proceeds fee be waived, should Community Education meet the amount where this would kick in.They are already paying the$75 registration fee. The board is requesting for the next meeting a copy of what the vendors pay from DeeDee,and asking for detail on if they are going over the top amount where the 15 percent of net proceeds fee would go into effect. 8. Old Business 2. Power in the Park—Jack mentioned that there will be a City Council meeting in May to discuss power in Huber Park. He has a commitment of$5000 from the Jaycees to support this. The intent is that Derby Days pay$10,000 of the$15,000(half of the cost),as long as Derby Days is in the park and as long as the organization exists as Shakopee Derby Days. A recommendation was provided that Derby Days offer no less than$1000 and no more than $1500 per year.Jack is trying to get onto the Lions agenda. Steve Menden,Jerry Hennen,and Dave Menden were suggested as possible contacts to get onto the agenda. Brad mentioned that Shakopee Parks and Recreation is looking at putting in a 50'x36' shelter,and this electrical project is guiding it.It would be in the food court area. 1. Committee/Chairperson Needs—Brian Burgeson was asked about chairing fundraising,and also if he would like to be on the board of directors,with a vacancy. He expressed interest in both.Motion Cat/Heidi to nominate Brian Burgeson to be on the Derby Days Board for the duration of the season and to be the chairperson for the fundraising committee for this season and duration in time. Carried.Ryan Koch has also stepped up to take on the volunteer coordinator position.A 5K turf run chair,dodgeball tournament chair,most inviting landscape contest chair, sawdust pile grab chair, and silent auction chair are still needed. 9.New Business 1. Parade Application—Catlin presented a draft of the parade application. He's looking for input,particularly on the political unit section. Suggestions include changing the clean-up fee deposit for political units to $100,providing a timeline for when the political units will find out if their clean-up fee will be deposited,changing parade co-chairs and volunteers to parade co- chairs and Derby Days event staff,in the political notes. There's the potential for confusion with"sponsored unit"vs. sponsorship fee paid.Feedback/input to Catlin is welcomed ASAP. 2. Amazing Shakopee History Race—The Scott County Historical Society has submitted an event proposal for a scavenger hunt taking place in downtown Shakopee,but stationed out of Huber Park,on Saturday(9:30-10 registration/check-in, 10-11 race, 1 1-1 1:30 wrap-up). Questions were raised by the board on insurance/[iability to Derby Days, if they would be open to moving the time to avoid overlapping with other events such as the kiddie parade (e.g. moving back an hour)or to Wednesday before the movie, and on inclusion of people due to needing a smart phone or camera. The consensus was to table this until the next board meetine. 10.Adjournment Motion Wes/Catlin to adjourn at 8:07 p.m. Carried. Misc.Notes • Next Board Meeting—Thursday,May 23,6:30 p.m. (Shakopee Community Center Studio Room?) • Next Committee Meeting—Thursday,May 23,7:15 p.m. (Shakopee Community Center Studio Room?) • Shakopee Derby Days 2013—Wednesday,July 31 —Sunday, August 4,2013. • Derby Days Web site—http://www.shakopeederbydays.com • Derby Days Social Media—http://www.facebook.com/shakopeederbydays and http://twitter.com/shakoderbydays Respectfully submitted by: Wes Reinke Secretary Shakopee Derby Days, Inc. Board Meeting Minutes Thursday, March 28, 2013 at 6:30 p.m. Shakopee Community Center Rotary Room 1. Call to Order at 6:33 p.m.by President Jack McGovern Roll Call— 18 people in attendance/13 board members: Catlin Soukup*,Wes Reinke*,Anita Botamer*,Jay Whiting*,Brian Dahl*,Ryan Koch*,Heidi VonBokern*,Parris Quinn*,Pamela Pleasants*, Shirley Keller*,Dean Bauleke*,Lori Esser,Jack McGovern*,Brandon Grunst*,Kayla Snyder(arrived later),Dana Listerud(arrived later),Matt Lehman(arrived later),Darren Younge(arrived later),Linda Bittner(arrived later). (*denotes board member) 2.Approval of Agenda Jack requested to add Power in the Park as item 8.4 under Old Business. Motion Jay/Pamela to approve the agenda as amended. Carried. 3.Meeting Minutes Motion Jay/Anita to approve the minutes of the February 28,2013 board meeting as emailed out. Carried. 4.President's Report Jack said that feedback he had received about Bunny Blast Bingo was positive. 5.Vice-President's Report Pamela had no update. 6.Treasurer's Report Shirley mentioned that she is resigning effective April 30,2013. She distributed financial reports to the board and went over items within them. She presented a CPA records retention policy,required by the attorney general,for use for 501(c)(3)non-profits and asked for its adoption.Motion Jay/Heidi to approve the attorney general's policy for retaining records. Carried. Shirley mentioned that she will email an updated event income statement to the board once it is finalized. She will also finish this quarter's work and taxes. Linda Bittner has offered to step up as treasurer,and Shirley and Lauri have offered to train her in. Motion Jay/Anita to approve the financial reports. Carried. 7. Secretary's Report Wes mentioned that a sucker vendor has emailed Derby Days and Wes would like the board's input on if it falls under a food vendor or business expo/market fair vendor contract. The understanding is that it is made off-site and brought in, so board direction was business expo/market fair. 8.Old Business 1. Committee/Chairperson Needs for 2013—The following event chairs and committee members are needed: dodgeball derby event chair, market fair chair, most inviting landscape contest chair, sawdust pile grab chair, silent auction chair,volunteer coordinator,fundraising committee. A fitness center was suggested as a potential chair for the 5K. Lori Esser would be willing to help with publicity,with the understanding that she is extremely busy during the day.Ryan also offered to help with publicity. Dana Listerud asked for a written description of the market Fair duties,but is interested;however,is unable to make it to Shakopee on a regular basis. Jack may have a contact for the dodgeball tournament. 2. International Festival—International festival entertainment is booked.There is one food truck with interest(Jay has a check),but needs to get paperwork in. Forms are going back and forth. Contracts look like the Derby Days food vendor contract. Jay mentioned that the SDA is not its own corporation. 3. Button Proposal—This was moved to the end of the meeting. 4 Power in the Park—Discussion about putting power in Huber Park. Jack will be bringing this before City Council and wanted to get a feel for how to propose this to Council. He has been trying to get donations for this project,with bids coming in around$30,000.He provided an overview of the project,history,and the goals. Discussion originally was that Derby Days be responsible for$15,000,the City paying the cost up front,and Derby Days reimbursing the City up to$15,000(about $150042000 per year),as long as Derby Days is an organization and is using Huber Park. The equipment will be owned by the City of Shakopee. The Jaycees are donating$5000 toward this,to be donated directly to the City.Discussion about applying the cost of the amount saved from renting generators each year toward that amount owed.Motion Anita/Heidi that Derby Days' contribution to the power in the park be$10,000 to pay back the City in yearly increments up to $1000-$1500 per year,no more than$10,000 toward the project.The Jaycees donation is considered the remaining balance to meet the $15,000. Carried,with Jay abstaining. 9.New Business 1. Participation Fee Policy Rates—Wes presented the participation fee policy that has been in place and asked for the board's input on if rates should stay the same and any other changes to the policy for 2013.It was asked about entities coming forward to negotiate terms,but it was felt that the verbiage currently within the policy is adequate.In response to a question about entities not paying, Wes stated that the promotions and advertising fee portion is due up front. Motion Jay/Heidi to approve the participation fee policy. Carried. 2. Technology/Communications—Catlin recapped the technology/communications meeting held on March 18. Items discussed include using social media/technology;revamping the Web site(changing its layout,making it easily accessible for mobile devices); adding YouTube; enhancing Twitter. After this meeting, Catlin and Wes also discussed working together on Facebook and creating videos for YouTube,and evolving"publicity"into a"communications"committee,with publicity encompassed within it. The goal is to find cheap/free ways to promote.The card reader idea was not recommended to be pursued;but options are being explored to accept registration/payments through PayPal or other means(e.g. Active).Lauri has offered to prepare keyboard-ready forms in Adobe Acrobat for the Web site. 3. Wednesday Night Events—Wes asked the board about the status of the community picnic and football boosters events for event schedule purposes,with the addition of the international festival.Jay is looking at 4-5 food trucks for the international festival,running from 5-9 p.m. or later. Our food license can cover three events, and Shirley mentioned that we did well on the picnic last year. Consensus was to keep the picnic and the football boosters events on Wednesday night. Jay also mentioned that he'd like to see the extra money collected from SDA activities reserved for the SDA. 4. Bunny Blast Bingo Recap—Lauri was not in attendance,but had provided Wes with updates on how Bunny Blast Bingo went,and her recommendations.Wes presented these to the board.Recommendations included:running from 11 a.m.until 1 p.m. (people wanting to play at 11 and many clearing out around 1);20 games instead of 26; ensuring that people know it's one whole sheet per game, not just one face of the sheet; sell packets of 5, 10,or 20 sheets before the first game and then sell single cards between games; organization was good,but only needed about an hour for set-up with seven helpers. Lauri had also noted 112 people were able to be seated with the new table set-up, and that after 1 p.m.,not enough bingo sheets were sold to make money. She recommends giving this another try with the modifications in place. One person suggested shutting down the sales at a certain point and running games(to keep people from waiting too long). Jack mentioned that we don't need to use the sheets(can use slide cards)as long as we don't have$150,000 in gambling revenue, and that the gambling board recommended using the sheets only for prize bingo. Jack said that the hot dogs were sold out(profited);only a case of chips was sold;pop didn't go over well,but overall,food sales at Bunny Blast Bingo profited. 8. Old Business 3. Button Proposal—This item was returned to at this time.Heidi asked for clarification on if people could not be in the park without wearing a button. Although signage was intended to be used strongly encouraging people to wear a button, interpretation of the minutes was that the motion was worded so that a person needed a button, and the intent is to require everybody to be wearing a button to be in the park.Discussion about the effects of requiring a button for admittance. Motion Shirley that we rescind the button vote and revote on it after a discussion. She then withdrew her motion. Heidi made a motion to remove the button requirement that was approved on February 28. Brian seconded. Jay mentioned that he thought removing the button requirement isn't right, as it's hard to get money. Matt suggested offering a VIP donation button(e.g. $5). Motion carried with Brandon, Shirley,Brian,and Heidi voting yea;Jay,Parris, and Pamela voting nay;and Wes, Catlin, and Anita abstaining. 10.Adjournment Motion Wes to adjourn at 8:15 p.m. Carried. Shakopee Derby Days, Inc. Board Meeting Minutes Thursday, March 28, 2013 at 6:30 p.m. Shakopee Community Center Rotary Room The meeting was reconvened at 8:46 p.m.by a motion by Jay for discussion revolving around the resignation of the treasurer. The motion carried. Those in attendance included: Catlin Soukup*,Wes Reinke*, Anita Botamer*,Jay Whiting*,Brian Dahl*,Ryan Koch*,Heidi VonBokem*,Parris Quinn*,Pamela Pleasants*,Lori Esser,Jack McGovern*,Brandon Grunst*,Kayla Snyder,Dana Listerud,Matt Lehman,Linda Bittner. (*denotes board member) Jay made a motion to accept Shirley Keller's resignation effective April 30,2013 and to appoint Linda Bittner as interim treasurer. Catlin suggested adding"pending successful bonding and background check"to the motion.Jay accepted the amendment to the motion.Heidi seconded. Motion carried. Motion Jay/Anita to adiourn at 8:49 p.m. Carried. Misc.Notes • Next Board Meeting—Thursday,April 25, 6:30 p.m. (Shakopee Community Center Rotary Room) • Next Committee Meeting—Thursday,April 25, 7:15 p.m. (Shakopee Community Center Rotary Room) • Shakopee Derby Days 2013—Wednesday,July 31—Sunday,August 4,2013. • Derby Days Web site—http://www.shakopeederbydays.com/ • Derby Days Social Media—http://www.facebook.coin/shakopeederbydays and http://twitter.com/shakoderbydays Respectfully submitted by: Wes Reinke Secretary pot!J1 �� �����l� ��� �������� ���� November 28, 2D16 Shakopee Derby Days Board ofDirectors � P.O. Box 312 Shakopee, MN 55379 Dear Directors, The City of Shakopee (City)worked with the Shakopee Derby Days (Derby Days) in 2012 to provide improved electrical service toHuber Park. The cost nfthis project was approximately$3[LOUO. The � � request from Derby Days was for the City to provide$15,000 as approximately one half share of the improvements, and also to front a balance of$10,000 that needs to be paid by Derby Days. Derby Days � secured an initial$5,000 donation from the Shakopee Jaycees for the remainder. Derby Days is to reimburse the City a minimum of$1,000 per year, until the$10,000 is repaid. This agreement would continue as long as Derby Days was in Huber Park and is in existence as Derby Days. The outstanding balance asoftoday is$5,O00. Due toagoing concern issue with Derby Days,the City is demanding full repayment ofthe$5,0OO. Please remit payment tothe City within the next 3Odays. Attached is a record of the payments received from Derby Days since the inception of this project. If you have any questions or concerns please feel free to contact me at 952-233-9326 or Best regards, Darin Nelson Finance Director end: Payment History Current Invoice cc: Mayor Bill Mars 8i|| Reynolds, City Administrator [`DK1&iUNl7Y ['RJDE SIN(-1-," 1-857 CITY OF SHAKOPEE INVOICE Shakopee DerbyDays Date 11/28/2016 PO Box 312 Invoice# Electrical Shakopee, MN 55379 Reimbursement REMAINING BALANCE FOR ELECTRICAL INSTALLATION $5,000.00 FOR HUBER PER AGREEMENT WITH THE CITY. Amount Due $5,000.00 Remit Payment to: City of Shakopee 129 Holmes St S Shakopee, MN 55379 Derby Days repayment $15,000.00 Huber Park Electrical Upgrade -$5,000.00 shakopee Jaycess Derby Days contribution cash receipt#84623 -$1,000.00 INVOICE 2013#6599 paid 11/14/2013 ck#4089 from Shakopee C -$2,000.00 Adtl payment on acct 11/14/2013 ck#4089 from Shakopee Derby[ -$1,000.00 INVOICE 6980 Paid 10/24/2014 ck#4207 from Shakopee Derby D; -$1,000.00 INVOICE 7500 Paid 11/4/2015 ck#4314 from Shakopee Derby Da, $5,000.00 Balance remaining as of 11/28/2016 USE 25%OF THE ELECRICAL CHARGE ON ACCT#601-021 FOR AMOUNT TO INVOICE F C.2. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: William H. Reynolds, City Administrator TO: Mayor and City Council Subject: 2017 City Work Plan Policy/Action Requested: Approve the 2017 City Work Plan and long-term (LT) goals for city staff. Recommendation: Approval of the 2017 City Work Plan and long-term goals as presented. Discussion: On February 14, 2017 the City Council participated in a strategic planning workshop to provide staff direction for 2017 and outlined several longer-term goals for future action. The workshop built upon the successful 2016 workshop which provided similar guidance for last year. As part of the workshop discussion, the following areas (outlined in the categories of Finance, Land Planning, Economic Development/Infrastructure and Miscellaneous) were considered by the City Council as a whole to be priorities for the organization. Long term issues are noted by (LT): Finance Low Taxes Continued Financial Stability Stable Tax Rate Prioritization of Services Fund Balance Study Park Asset Fee/Fund Review Community Center Operations Funding Park and Recreation Expenses (LT) Land Planning High Density Housing 50/30 SCALE efforts Orderly Annexation Agreement Comprehensive Plan Trail Connections River Crossing Capacity Increase (LT) Riverfront Improvements (LT) Active Annexation of Portions of Jackson Township (LT) West End Planning Process Continuation (LT) Economic Development/Infrastructure Downtown Improvement/Infrastructure Maintenance Historic Preservation/Tourism Process to Recruit Higher Paying Jobs Redevelopment Toolbox and Policy City Property Development Strategy/Excess Property Marketing Process and implementation City Hall Redevelopment (LT) Old Mall Redevelopment (LT) Downtown Redevelopment (LT) Miscellaneous Projects Signage/Wayfinding Use of Committees Park Asset Planning Process Code Enforcement Transparency/Communications School Resource Officer Program Review/Training Community Engagement/Neighborhood Group Activity Southbridge Fire Partnership (LT) Upon approval, the items listed above will form the basis for the staff work plan for 2017. As part of that effort, staff will develop a time line for action, and bring items to council for any necessary clarification and/or decision points on key issues associated with the plan. It is understood that some of the items listed are generally under that purview of the city administrator, but that the council is tasking the city administrator to move forward in the areas outlined, develop policies for council approval if required, and to report to council on the efforts. Budget Impact: None. C.3. PM*MA SHAKOPE Shakopee City Council February 21, 2017 FROM: Lori J. Hensen TO: Mayor and Council Members Subject: Appointment to Boards and Commissions Policy/Action Requested: Adopt Resolution 7842, a resolution appointing individuals to various boards and commissions. Recommendation: Approve the attached resolution with any additions from council vote Discussion: Various terms on boards and commissions expire February 28, 2017, or until their successors are appointed and qualified. The City has advertised for volunteers interested in filling seats on the city's various boards and commissions. On February 15, 16 and 17, an interview panel consisting of Councilors Jay Whiting and Matt Lehman and a representative from each of the boards and commissions interviewed a total of 26 applicants. After reviewing the qualifications, the interview committee is making the following recommendations: (Note: appointments for the EDAC will be made by the Economic Development Authority at the March 7th meeting. Interviews will be held Friday February 17th and Thursday February 23 for the EDAC). Bicycle Advisory Committee - Laura Bjorklund Parks and Recreation Advisory Board - Jeremy Casper*, Mike Vogel, Kyle Verley. Planning Commission/BORA- Lori Brandon* and Anita Botamer Police Civil Service Commission - Joan Lynch* and Bruce Starkey The interview committee selected Terry Joos* to be reappointed but they could not come to an agreement for the second position on the Shakopee Public Utilities Commission. The committee agreed to put it to the council for a vote. To expedite the process, in the past the City Council members have filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes are tallied with the first results presented to council members when the matter comes up on the agenda. If additional voting is necessary it would take place at that time. Council may wish to follow this procedure to expedite the process. (Ballot attached) Budget Impact• There is no budget impact associated with this action. ATTACHMENTS: D Resolution 7842 D Resolution 7842 board appointed D Ballot 2017 RESOLUTION 7842 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointments are hereby made: 1. xx is appointed to the Planning Commission/BOAA for four-year terms expiring February 28, 2021. 2. Xx is appointed to the Planning Commission/BOAA for the remaining vacated term expiring February 28, 2018. 3. Xx, xx and xx are appointed to the Park and Recreation Advisory Board for three year terms expiring February 28, 2020. 4. xx and xx are appointed to the Shakopee Public Utilities Commission for a three-year term expiring March 31, 2020. 5. Xx is appointed to the Police Civil Service Commission for the remaining vacated term expiring on February 28, 2019. 6. xx is appointed to the Police Civil Service Commission for a three-year term expiring February 28, 2020. 7. Xx is appointed to the Bicycle Advisory Board for a three-year term expiring February 28, 2020. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 21St day of February, 2017. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION 7842 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointments are hereby made: 1. Lori Brandon is appointed to the Planning Commission/BOAA for four-year terms expiring February 28, 2021. 2. Anita Botamer is appointed to the Planning Commission/BOAA for the remaining vacated term expiring February 28, 2018. 3. Jeremy Caper, Mike Vogel and Kyle Verley are appointed to the Park and Recreation Advisory Board for three year terms expiring February 28, 2020. 4. Terry Joos and xx are appointed to the Shakopee Public Utilities Commission for a three-year term expiring March 31, 2020. 5. Bruce Stankey is appointed to the Police Civil Service Commission for the remaining vacated term expiring on February 28, 2019. 6. Joan Lynch is appointed to the Police Civil Service Commission for a three-year term expiring February 28, 2020. 7. Lori Brandon is appointed to the Bicycle Advisory Board for a three-year term expiring February 28, 2020. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 21St day of February, 2017. Mayor of the City of Shakopee ATTEST: City Clerk PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO LORI BEFORE THE ROLL CALL ON FEBRUARY 21, 2017 Shakopee Public Utilities Commission (Vote for 2) Brian Krautkremer Terry Joos* Jordan Olson* Daniel Hennen *Incumbent Councilmember